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Labbe apologizes, but gets 15-30 years for Newmarket slaying

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"It’s a real dumb move on my part, and your family is paying," said the red-eyed Labbe at the sentencing hearing in Rockingham County Superior Court. "I’m sorry."

On July 14, 2001, at the Pulaski Drive Apartments in Newmarket, Labbe went into a tirade, spewing racial remarks toward Asian-Americans before and after he shoved his neighbor, Phetakoune, to the pavement causing him to suffer fatal head injuries.

Labbe will pay for killing Phetakoune with a 15-30 year sentence, negotiated in June and accepted Monday by Judge Philip Hollman. With credit for the pretrial time Labbe has spent in jail he could be out of prison by the time he turns 50.

The victim’s widow, Nou Phetakoune, did not attend Monday’s hearing, but the victim’s son, daughter-in-law and granddaughter did. The family did not wish to make a statement, except to say they believe the justice system in the United States is fair, an interpreter said.

Outside the court room, the victim’s son, Somphou Phetakoune, said he forgives Labbe. Somphou Phetakoune said he understood that Labbe had been drunk at the time of the crime and that he had been hot-tempered.

Prior to shoving Phetakoune, Labbe had learned that he was being evicted from the apartment complex for nonpayment of rent.

The son also said he hopes Labbe will be a good person when he gets out of prison.

Labbe’s previous convictions cover a laundry list of violent crimes including assault with a deadly weapon, attempted rape and arson, according to court records.

Labbe has also been convicted of kidnapping, threatening, assault and battery on a police officer, indecent assault and battery, breaking and entering, as well as other crimes, according to court records.

Labbe had been indicted in 2001 on a charge of second-degree murder in connection with Phetakoune’s death. But in June the defendant accepted a deal from prosecutors for the lesser charge of manslaughter.

A Rockingham County Superior Court grand jury had also indicted Labbe under the state’s so-called hate crime law for racial comments he made before and after the attack on Phetakoune. The hate crime law, an extended sentence provision, was not available to the court since the case did not go to trial.

The case has attracted national attention because of Labbe’s comments, before and after the incident, stating he was paying Asians back for the deaths of Americans in the Vietnam War. Somphou Phetakoune made no mention of Labbe’s racially charged remarks.

Many Asian-American groups, however, have condemned the remarks and said the words used by Labbe are identical to those uttered by others who have killed their Asian-American victims.

Joe Welsh, one of Labbe’s attorneys, said his client wants everyone to know he is not a racist.

Welsh said Labbe was a helpful neighbor to the many Lao-American families who live at the Pulaski Drive Apartments.

Welsh said that Labbe has consistently been remorseful over his action and does not know how he can live with himself, knowing he has caused the death of another human being.

Labbe himself said in his court statement that he had liked Thung Phetakoune and his family. "I think you all know that," Labbe said.

The judge said the senseless killing was an example of the ruination that can result from untreated substance abuse.

The case was prosecuted by Senior Assistant Attorney General Michael Delaney and Assistant Attorney General Brian Quirk.

Delaney said the 15-30 year maximum sentence for manslaughter was appropriate, considering Labbe had been under the influence of alcohol and drugs at the time of the crime; considering the disparaging remarks he made; considering his extensive criminal record; and considering the nature of his violent conduct.