By Taylor MacPherson

UPDATE: Moostoos convicted of manslaughter in Melfort trial

Oct 7, 2016 | 12:23 PM

A Melfort woman was convicted of manslaughter in connection to the death of a 70-year-old man last year.

Candace Gail Moostoos, 34, was found guilty by a Melfort jury yesterday, Oct. 6, concluding a trial which ran since Sept. 26. Moostoos was charged with second-degree murder following the 2015 death of Alpheus Burns. The jury found her guilty of the lesser charge of manslaughter.

RCMP initially discovered Burns’ body shortly after midnight on May 18, 2015. Moostoos turned herself in to the Melfort RCMP detachment later that same day.

Moostoos admitted to committing an unlawful act leading to the death of Burns, according to Crown Prosecutor Tyla Olenchuk. Under Canadian law, this is enough to constitute manslaughter. Issues surrounding intent, intoxication and provocation may have motivated the jury to reduce the charge from second-degree murder.

Moostoos testified she initially went to Burns’ residence to ask for either money or a ride, Olenchuk said. Upon her arrival Moostoos alleged Burns sexually assaulted her and demanded she perform a sexual favour in exchange for $10.

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When Moostoos refused, she said Burns insulted her at length and said he gave her HIV in a previous sexual encounter. The dispute escalated, leading Moostoos to stab Burns to death.

According to Olenchuk, there was “not significant evidence” that Burns was intoxicated at the time of his death, but Moostoos testified she consumed alcohol and crystal meth.

Olenchuk noted Moostoos’ testimony at times conflicted with her earlier sworn statement to police.

Mary McAuley, Moostoos’ defense lawyer told paNOW she was not surprised by the jury’s decision.

“It didn’t take me by surprise,” she said. “But it was a surprising verdict in any event because of the Crown’s very aggressive approach.”

According to McAuley, the reduced charge came as “quite a relief” to Moostoos.

McAuley said manslaughter sentences can range from four to 12 years in length, and she will be pushing for a sentence “on the lower end of the scale.”

Before her trial, Moostoos was in custody for roughly a year and a half — a period which will count double against any time she serves. If McAuley is successful in securing a four-year sentence, Moostoos could be free in under a year.

Justice Brian Barrington-Foote set aside the sentencing until Dec. 9.

A pre-sentence report was ordered, which will be prepared by a probation officer to outline Moostoos’ background and risk factors for reoffending.

Taylor.macpherson@jpbg.ca

Editor’s Note: This story was updated at 3:53 p.m. on Friday, Oct. 7 to include comments from Moostoos’s lawyer.