Whitehorse Daily Star

Sheepway’s custody conditions discussed

Darryl Steven Sheepway was back in court Friday for the second day of his sentencing hearing.

By Gord Fortin on April 23, 2018

Darryl Steven Sheepway was back in court Friday for the second day of his sentencing hearing.

Sheepway, 40, was found guilty of second-degree murder in the death of Christopher Brisson in Whitehorse in 2015.

The Crown and the defence debated on the length of the period of parole ineligibility. The two sides also debated what role should Sheepway’s alleged mistreatment at the Whitehorse Correctional Centre (WCC) should play in sentencing.

Vincent Larochelle, one of Sheepway’s two defence attorneys, said he wanted to call his client to testify about his treatment while in custody.

This sparked some concern from Leo Lane of the Crown’s office. He questioned how this testimony would be relevant to the hearing.

Lane said the Crown had only become aware of the desire to put Sheepway on the stand the day before.

Larochelle disputed that, saying the defence had made the Crown well aware of their intentions and only heard about the objection not too long ago.

“We never heard about an objection until recently,” Larochelle said.

He argued Sheepway’s treatment while in custody is relevant because the sentencing judge can use this as part of his discretion as per case law.

He added that he would need to present this evidence because the Crown will ask what programming Sheepway has accessed while in custody, while circumstances have prevented him from accessing programming.

His testimony covered his time in both the WCC’s segregation unit and secure living unit.

Sheepway was brought to the segregation unit on April 20, 2016. This block only has seven cells, and each cell has only a single bunk. He said there were no other inmates on the block at the time, adding he was placed there because he was deemed a suicide risk.

After 15 days, he was transferred to the secure living unit, which was similar, as it was a seven-cell block, but each cell had a small desk and a TV.

Sheepway could access the TV at all times. For the first eight months, he would spend 22 hours a day in the cell and would spend two to three hours outside of his cell.

Sheepway described this as torture, and would go on to file several complaints. The complaint went to the investigation standards office (ISO).

He petitioned the Yukon Supreme Court and filed a Charter application. He said his conditions would improve soon after.

As for programming, Sheepway said he was given an art kit and was able to see a psychologist once over two to three weeks. He said he would like more appointments, multiple times a week.

Lane asked if Sheepway ever went to the central room when he was allowed out of his cell. Sheepway said he did.

Lane asked if Sheepway could communicate with other inmates from cell to cell. Sheepway said he can, but there was an attempt to stop that. Inmates could talk to each other through the small window in the steel door.

Lane asked if Sheepway has access to a phone. Sheepway said he does, and frequently talks to friends and family.

Crown prosecutor Jennifer Grandy suggested Sheepway be ineligible for parole for 15 years. The minimum period of ineligibility is 10 years.

The Crown also looks to impose a lifetime ban on firearms and an order to submit DNA for a national database. The firearm involved in the crime would also have to be surrendered.

Grandy also argued for a seven-year sentence for multiple counts of robbery. This would be spent concurrently to his life sentence for second-degree murder.

The Crown is seeking the higher period of ineligibility out of the judge’s discretion. Her argument was founded on several factors, including: the character of the accused, nature of the offence and prospects of rehabilitation.

Speaking to Sheepway’s character, Grandy looked at his post-offence behaviour.

Sheepway has a criminal record of territorial offences dating after Brisson’s murder and before his arrest, like nine robberies in Ontario in 2015.

On the nature of the offence, Grandy said a loaded firearm was taken to a drug deal.

This was intended as a robbery. It took place on McLean Lake Road, a fairly remote location. Two shots were fired into the unarmed Brisson’s vehicle as he tried to escape.

Grandy said this was not a situation where the two were fighting or neither man was armed.

She argued that the shooting was intentional, and Sheepway was not under the effects of any substance.

She argued it showed a degree of callousness that Sheepway was undeterred from stealing from Brisson after the murder and would hide his body in a ravine near Miles Canyon.

This meant the body could go undiscovered for a period of time, causing undue hardship to the Brisson family, she said.

As for prospects of rehabilitation, Grandy pointed to Sheepway’s trial statements that he is still dreaming about drug use, and wants to be transferred to a federal prison because drugs are more easily found there.

Sheepway has attended drug rehabilitation programs but has not completed all of them.

He has also lied at times about being drug-free. Grandy said this does not mean it’s an aggravating circumstance; it just doesn’t paint a good picture with regard to rehabilitation.

Justice Leigh Gower said considering the poor prospects of rehabilitation not being aggravating, but Sheepway’s actions to fuel his addiction would be aggravating, didn’t feel right to him.

“It’s not sitting well with me,” Gower said.

Grandy agreed that the crack-cocaine addiction is the root cause, but the three factors she raised are what is supposed to be considered under the character of the offender.

Lynn MacDiarmid, Sheepway’s other lawyer, said because her client will serve a life sentence, he will be involved with the correctional system for the rest of his life. She believes the defence and the Crown agree on a ballpark period for parole ineligibility, and the range can go as high as 20 years.

MacDiarmid argued that the period of ineligibility should be 10 years. She pointed out that the Parole Board of Canada is responsible for deeming if someone has been rehabilitated and able to be re-integrated into society.

Consequently, she believes the Crown’s concerns are unfounded.

“If they (inmates) are not rehabilitated, they will stay in (prison),” MacDiarmid said.

She didn’t have a problem with the DNA order but asked the court consider a 10-year firearm ban and a five-year concurrent sentence for the robberies.

She argued the Crown has not looked at Sheepway’s character throughout his entire life, saying his actions in 2015 were fuelled by his out-of-control addiction to crack-cocaine.

She added that this meeting with Brisson was a foolish plan and was out of character.

Gower agreed, but said there’s evidence that Sheepway was not successful at rehabilitation and lied about recovery.

MacDiarmid explained that Sheepway’s crimes took place over a short period of time. He had tried crack-cocaine, immediately became addicted and saw it overtake his life.

She argued it would be unfair to look at this short period to judge whether he could be rehabilitated.

MacDiarmid noted Sheepway has been asking for help and wants to address his issues. He realizes his actions ruined his and others’ lives.

Speaking to his character, MacDiarmid said he came from a good family in Mississauga, Ont., and had a good upbringing.

The only traumatic event from his childhood was when his infant brother died of sudden infant death syndrome when Sheepway was 10 years old.

The family would recover from this tragedy.

MacDiarmid added that prior to using crack-cocaine, Sheepway was a successful member of society. He moved to the Yukon in 2000, had a job, bought a house and started a family.

He was a good father and provider to his kids. During this period of his life, MacDiarmid said, he abhorred violence.

In conclusion, MacDiarmid argued that looking at his life prior to crack-cocaine use, the events that transpired with Brisson were out of character.

Sheepway read out an apology to Brisson’s family. His letter explained that he’d never intended to kill anyone that night but knows his actions led to a man’s death.

He called the murder an accident, but said that does not mean he refuses to take responsibility. He said those actions are unforgivable, and that he won’t ask for the family’s forgiveness.

If he’d never started taking crack-cocaine, he said, he would never have met Brisson.

Sheepway had been a heavy marijuana user prior to crack-cocaine. He said marijuana enhanced his life, while crack-cocaine destroyed it. He called it a suicide of sorts, as the drug almost put out the fire of his life.

Gower said the matter will return to court May 8 to set a date for Sheepway’s sentencing.

Comments (3)

Up 0 Down 6

Stan Winter on Apr 24, 2018 at 7:28 pm

Seems like local prison lacks many basic supportive programs for inmates.

Up 3 Down 1

rilly??, on Apr 24, 2018 at 9:43 am

If he didn't take crack he'd never have met Brisson but he'd been a heavy marijuana user!
So where did he buy his weed?
Drug dealers aren't sole product shops.
And wasn't he a guard while Brisson was in?
Way to take responsibility there.
Like his wife said, he's a master manipulator.

Up 4 Down 1

Matt on Apr 23, 2018 at 6:21 pm

For F**K sakes.....the guy committed murder and they are arguing about minor details that annoy this dude. F's sakes.

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