Former Kelowna Hells Angel who killed man with bat released from custody again

Photo: Castanet file photo

Police collect evidence at the scene of Dain Phillips' murder in June of 2011.

A former member of the Kelowna Hells Angels who beat a man to death with a baseball bat back in 2011 has been recently released from custody once again, to serve out the remainder of his sentence in a halfway house.

In a decision by the Parole Board of Canada earlier this month, 59-year-old Robert Leonard Thomas was once again released from prison on statutory release, despite the Correctional Service of Canada recommending he stay behind bars because his risk in the community “has become unmanageable.”

Thomas, a former full-patch member of the Hells Angels, was handed a 15-year jail sentence in 2014 after he pleaded guilty to manslaughter for the 2011 killing of 51-year Dain Phillips.

After Phillips' two sons had gotten into a dispute with two other teenage brothers who were associates of Thomas and fellow Hells Angels Norman Cocks, Phillips arrived unarmed on the evening of June 11, 2011 near McCurdy and Gibson roads to try and resolve the dispute.

Instead, Thomas and Cocks, using a bat and a hammer respectively, immediately attacked the father, killing him.

Photo: CFSEU-BC

A photo of Robert Thomas released by police back in 2011.

While it doesn't refer to the Hells Angels by name, the recent Parole Board decision says Thomas was first introduced to an “internationally known criminal organization” through his work at a tattoo artist and eventually became a full member. The Board notes Thomas' loyalty the crime group was the reason he was involved in Phillips' killing, as he had not known Phillips prior.

Thomas, who became a member of the East End chapter of the Hells Angels in 2005, moved to start the Kelowna chapter in 2007.

Thomas has served much of his sentence behind bars, having been denied both day and full parole due to his “undue risk to society” at the time. But he was released from custody on statutory release in June 2021, under a condition he reside at a halfway house. Most offenders are automatically released on statutory release after serving two-thirds of their sentence, but the Parole Board can impose conditions on the release.

'Unreasonable, difficult and rude'

While Thomas was described as “respectful and compliant” for the first two years of his release, living at an undisclosed halfway house, he's been back behind bars for the past six months.

His issues on release began after his long-time halfway house closed down and he was transferred to different one, again in an undisclosed location.

The Parole Board said Thomas became “unreasonable, difficult and rude” to staff at the new facility after his bicycle was stolen and his “negative attitude” continued. This led to him being kicked out of the halfway house in September 2023.

He was re-released to a new halfway house the following month, but he soon reported he had been visited by “former STG associates and told to leave town,” the Parole Board says. "STG” stands for Security Threat Groups, and refers to gangs and criminal organizations. As a result, Thomas requested another transfer to a new halfway house, but it was difficult to find one that would accept him.

“In a meeting where this was discussed in November 2023, you became rude, belligerent, and yelled profanities at both your [Community Parole Officer and [community residential facility] staff. You also disclosed that you had been smoking THC daily in violation of CRF rules and intended to continue to do so,” the Parole Board states.

Following two more meetings where Thomas was described as “rude, belligerent, and demanding," calling his former former Community Parole Officer “useless,” his statutory release was revoked and he was sent back to prison.

On Feb. 13, 2024, Thomas was assaulted by three other inmates in his cell. He didn't suffer any serious injuries in the assault, and he “appeared mocking, sarcastic, and refused to answer questions pertaining to the assault,” upon his return from the hospital.

Because of his behaviour while on release, the Correctional Service of Canada and his former Community Parole Officer recommended Thomas remain behind bars to serve out the rest of his sentence, which expires in March 2025.

No reoffending while released

In a hearing with the Parole Board last month, Thomas acknowledged that he tends to speak aggressively, but noted he has not reoffended or been violent while he's been serving his sentence in the community.

While he couldn't find a halfway house in both B.C. or Ontario that would accept him earlier this year, he's recently been accepted to one, although its location has been blacked out in the latest Parole Board decision.

“You spoke to the highly negative experience you have had since returning to incarceration which included a physical assault on you and digressed to the point where you no longer felt safe leaving your cell, you were not eating correctly, and you ended up in a medical emergency landing you in the hospital for several days,” the Parole Board said.

While the Parole Board acknowledged Thomas' prior bad attitude, it ultimately went against the Correctional Service of Canada's recommendation and re-released him from custody to the halfway house in the undisclosed location, if he agreed to abide by a behavioural contract at the facility.

Thomas remained a Hells Angels for a short time after his manslaughter conviction, but was later expelled from the organization due to his “anger and talking guys down” while incarcerated, according to another Hells Angel member.

Cocks, meanwhile, remained a Hells Angel, and was granted full parole back in 2020, according to reporting by The Vancouver Sun.

Daniel and Matthew McRae, the brothers who were in the initial dispute with Phillips' sons, and Anson Schell were also convicted of manslaughter in Phillips’ death.