By Taylor MacPherson

Sentencing delayed in Melfort manslaughter case

Dec 9, 2016 | 1:32 PM

A woman found guilty of manslaughter in the death a 70-year-old James Smith Cree Nation man will have to wait until January while a judge determines her sentence.

Candace Gail Moostoos, 36, was found guilty of manslaughter by a Melfort jury on Oct. 6. Although she was initially charged with second-degree murder, the jury chose to find her guilty of the lesser charge.

Moostoos stabbed Alpheus Burns to death at his residence May 18 last year after Burns allegedly sexually assaulted her.

At a sentencing hearing held today, Dec. 9, at Melfort’s Court of Queen’s Bench each side recommended a sentence on the opposite ends of the scale. Defense lawyer Mary McAuley called for a sentence of four years plus probation while Crown prosecutor Tyla Olenchuk pushed for a sentence of eight to 10 years.

Olenchuk said Moostoos was “a high risk to reoffend” and pointed to her aggravating decisions to flee the scene, steal money, and dispose of the knife used to stab Burns as clear signs of culpability. Olenchuk argued Moostoos’ use of alcohol and crystal meth should not be seen as mitigating factors by the court.

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Burns’ provocation of Moostoos, Olenchuk said, should not be considered in sentencing because the jury had already taken it into account when reducing the charge to manslaughter.

McAuley argued Moostoos showed remorse for her crime and “cooperated quite extensively with the police” during their investigation.

Calling attention to Moostoos’ status as an Indigenous offender, McAuley asked Justice Brian Barrington-Foote to consider her background.

She noted Moostoos’ abusive upbringing and experience in the residential school system for the court’s consideration.

McAuley also recommended Moostoos serve all or part of her sentence at the Okimaw Ohci Healing Lodge in Maple Creek.

Barrington-Foote reserved his sentencing decision until Jan. 16.

Moostoos, who sat calmly in the prisoner box throughout the morning’s proceedings, hugged her family with cuffed hands before being led outside.

Speaking to paNOW outside the courtroom,

Speaking to paNOW outside the courtroom, Olenchuk said the Crown wanted a higher sentence due to the number of aggravating factors.

“The victim was elderly,” Olenchuk said. “He invited her into his home and she killed him in his own home where he was entitled to feel safe and secure. And as well she was on probation at the time.”

Also outside the courtroom, McAuley said she would like to see provocation considered in the sentencing decision.

“In this particular situation, provocation was the main issue right from the start,” she said.

McAuley said Moostoos has had “a very extraordinary experience” during her more than 500 days spent in custody. 

“This has been a healing journey for her,” McAuley said, noting Moostoos has participated extensively in correctional programming.

“She’s taken advantage of the time she’s been there,” McAuley said.

Taylor.macpherson@jpbg.ca

@TMacPhersonNews

Editor’s note: This story was udated at 3 p.m. on Friday, Dec. 9 to include comments from Crown prosecutor Tyla Olenchuk.