Whitehorse Daily Star

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Michael MacPherson and Tanner Sinclair

Victim’s father disappointed by sentence

Michael MacPherson was sentenced Thursday afternoon to seven years in prison,

By Chuck Tobin on February 24, 2017

Michael MacPherson was sentenced Thursday afternoon to seven years in prison, minus 16 months already served, for the fatal stabbing of Tanner Sinclair in July 2014.

MacPherson, 35, was emotionless after Justice Leigh Gower of the Yukon Supreme Court delivered the sentence for manslaughter. That followed an hour of reviewing the evidence and submissions presented to the court Tuesday and Wednesday.

Gower concluded the use of a knife by MacPherson during a fight was not planned.

MacPherson did, however, stab Sinclair five times, four of the wounds occurring on the torso, including deep stab wounds to the chest area, the judge pointed out in his sentencing.

Gower noted manslaughter ranges from near murder to near accident, with sentences ranging from life in prison all the way down to suspended sentences.

In weighing the evidence for manslaughter, the court must consider whether the accused either knew his actions would likely cause bodily injury, serious bodily injury or were likely to cause life-ending injuries, he said.

Gower said the wound to Sinclair’s left chest was between 14 and 16 centimetres deep, between eight to 10 centimetres deep on his left flank and the two wounds on the upper back were between six and 10 centimetres.

Though there was evidence the 27-year-old Sinclair’s comments provoked the fight, Sinclair was unarmed, the judge said.

Facing a second-degree murder trial that was to begin this week, MacPherson entered a guilty plea to manslaughter on Feb. 1.

Crown prosecutor Eric Marcoux was seeking a sentence of eight to 10 years, citing in part the aggravated nature of the crime.

Defence lawyer Ray Dieno of Victoria was asking for four years, less a credit of 18 months for time served, citing Sinclair’s provocation as a factor in the case.

Brent Sinclair, the deceased’s father who was in Whitehorse this week to present his victim impact statement to the court along with other family members, said this morning from Alberta he is disappointed in the sentence.

As he was earlier this week, Sinclair was critical of the justice system, and how the defence lawyer tried to paint his son as the bad guy in all this.

“The reality is it’s a very different story,” he said of his son’s reputation as a loving and hardworking spouse and father, as an accomplished big game guide and hunter who’s been recognized by the hunting community.

He said the outpouring of support for the family from the time of Tanner’s death and onward, even following Thursday’s sentencing, speaks to how well thought of his son was.

Sinclair told the court in his victim impact statement that his son told him a couple of weeks prior to his death that MacPherson had twice threatened to kill him, though the comment was later stricken from the court record for lack of evidence to substantiate the allegation.

“At this point, we can’t change what happened as family members and friends,” he said this morning. “You have to look at the horizon and move ahead.”

The court also heard this week from Whitney Sandulak, the widowed spouse and mother of Sinclair’s two young daughters, one of whom was not born until after his death.

Evidence before the court indicated there was ongoing tension between Sinclair and MacPherson over mechanical issues with a truck MacPherson obtained from Sinclair in a three-way deal.

MacPherson attended a barbecue at the Copper Ridge home of Kory Basaraba, a longtime friend. Later in the evening, they went to The Ridge pub.

Basaraba called Sinclair and invited him to join them. They shared several drinks at the bar, and everything appeared fine, according to a security camera in the bar.

A short time later, a camera overlooking the parking lot showed some aggression by Sinclair toward MacPherson, who fled in a vehicle driven by his friend’s spouse and returned to their home.

Sinclair arrived sometime later, and while Sinclair, MacPherson and two others were sitting around the patio in the backyard around midnight, MacPherson raised the matter of the truck.

Sinclair responded by saying, “I should just knock you out,” to which MacPherson replied “just do it,” according to an agreed statement of facts put before the court.

The fight ensued. The knife had been left on the table earlier in the day.

MacPherson fled Whitehorse and was on the run for 10 days until he turned himself in to police in Victoria.

He was released on $25,000 bail in May 2015 to a rehabilitation centre in B.C. but was re-arrested early last month after admitting to using heavy drugs.

His pockets contained crushed-up drugs and fentanyl, along with a bottle of clean urine.

In his sentencing, Gower noted MacPherson had been convicted twice previously of assault with a weapon, though both occurred many years prior to the July 2014 stabbing.

He also credited MacPherson with making significant progress at the rehabilitation centre, but for the incident last month.

The court heard how MacPherson dealt with his share of hardship growing up.

He had moved to Whitehorse in the spring of 2014 to escape a life of drugs in B.C., and had lived with Basaraba and his family for a time after he arrived.

Comments (7)

Up 1 Down 5

john henry on Mar 1, 2017 at 2:02 pm

It almost sounds like a factor was left out in the court case, I mean it sounds like there is a bit more to what happened, or why it happened, people just don't
go around stabbing someone numerous times over a truck.

Up 18 Down 3

Bill on Feb 26, 2017 at 6:33 pm

The biggest factor in this case, and that kept it from a successful second degree murder conviction was that Macpherson was not the instigator of the fight. Sinclair started it, and that's a very important factor. Doesn't mean he deserved to die, far from it.
Everything has to be taken into account. Yeah, Macpherson had a tough life, so what. Sinclair was an "accomplished" big game guide. So what.
So what you say? Well, the judge has to look at ALL of it. I wouldn't want to be a judge, too many arm chair quarterbacks out there.

Up 15 Down 2

Legaleze on Feb 26, 2017 at 1:04 pm

Just looking at the legal side of this tragedy without lending bias one way or the other I am confused about case law. When we had the woman storyteller strangled by her husband who returned and she put him up then one night he did the horrible deed. He used the "I blacked out defence" and the murder charge was reduced to manslaughter. Case law we were told at the time only allowed for a 5 yr max sentence which he received and was very unpopular with the public. This judge says case law has sentences all over the map from life to a suspended sentence.
Without considering any of the sensitivities of this case how come case law said something very different in the Klassen trial? Curious to know.

Up 27 Down 2

Charles on Feb 25, 2017 at 9:40 pm

I am with Brent on this & good comment Wayne. "In weighing the evidence for manslaughter, the court must consider whether the accused either knew his actions would likely cause bodily injury, serious bodily injury or were likely to cause life-ending injuries, he said." A stab to left chest 14-16 cm should be a clue, but let's not stop there; let's have a few more with a minimum of 6 cm! Not exactly threats & skin scratches. Wonder what part of the intent of repetition Leigh Gower missed?

Up 31 Down 4

Just Sayin' on Feb 25, 2017 at 2:37 pm

The sad thing about the case is obviously the judge was persuaded by the defense statements. Instead of giving him the maximum sentence, he chose not to. Society knows this person is going to be out in five years. Mr. Sinclair's daughter will still not know her father and this person gets to move forward with his life. Mr. Mcpherson should have to pay reconstitution for his entire life to this family automatically. They should not have to sue him civilly and go through another trial to prove what he has done. These two children of Mr. Sinclair's will require therapy later on in life and his wife will most likely foot the bill. All wages Mr. Sinclair may have earned will not be there and Mr. McPherson should have to provide some sort of support as he took this families support system away. Mr. McPherson values money (truck dispute) so hurt him, where he will actually learn a lesson.
The other issue is the crown. Any one could have proven a better charge than this. Mr. Mcpherson, took a knife and stabbed him 5 times. Not once, not twice, but five times. Do you know what kind of person has the ability to pull out a knife with warm blood on it and then stab a person again and again, someone who is in need of serious help. The system is effed and nothing positive has come from the loss of this Mr. Sinclair's life. The people of the world should be outraged.

Up 27 Down 7

Wayne lohnes on Feb 25, 2017 at 9:07 am

Here we go again, lol, had a hard life growing up, wow, if everyone had a hard life growing up and each one of us killed someone the judges wouldn't have anybody to prosecute as there would be no one left on the planet. What a deadly joke, what`s wrong with these lawyers, did they have a hard time growing up too and take pity on useless people that can`t protect themselves unless with a weapon? It`s a proven fact that people with a big out of control yap are pretty much the ones that depend on weapons, the knife was left on the table earlier that day, hey, so was the mustard & ketchup. I don`t know either, but I do know one is dead, & the other is a chicken poop loser.

Up 8 Down 6

Politico on Feb 24, 2017 at 6:40 pm

What would be an appropriate sentence? So many choices.

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