Mike on Crime

By Mike McIntyre
Winnipeg Free Press

A former Winnipeg police officer has been sentenced to 15 years in prison for a premeditated sex attack on his terminally ill ex-wife.

Queen’s Bench Chief Justice Marc Monnin delivered his decision this morning after hearing a full day of emotional evidence and arguments earlier this year.

The Crown was seeking between 15 and 17 years behind bars for the 53-year-old man, who can’t be named under a court order to protect the identity of his victim. His lawyer had asked for a 10-year penalty.

“The victim is living with life-long horror,” Crown attorney Tania Holland told court in describing the July 2008 attack, which came after the man had already been arrested five previous times since 2006 for breaching a protection order the victim obtained against him. “These were sadistic, cruel and vicious acts he committed against her. And it was all planned.”

The 25-year veteran of the police service pleaded guilty to break and enter to commit aggravated sexual assault. The maximum penalty by law is life in prison.

According to an agreed statement of facts, he knew his wife had cancer and was undergoing chemotherapy, which left her considerably weakened. He left his home in the middle of the night — leaving two sleeping young children alone in their beds — and went to the woman’s home that he knew had no alarm coverage on the windows.

The victim awoke to the sight of a man on top of her wearing plastic gloves and a black nylon stocking over his head. She later told police she initially thought it was a dream, but then recognized the attacker as her ex-husband. The man restrained the woman and repeatedly sexually and physically assaulted her over the course of several hours, even punching her directly in areas where he knew she was receiving cancer treatment, court was told.

He audiotaped the rape, photographed the victim and attempted to conceal evidence by washing her and cleaning the crime scene. Graphic photos were shown to the judge.

“He took the pictures of her… as a sick reminder of what he did to her,” said Holland. “He had an utter lack of regard for the pain and suffering he inflicted. She became a prisoner in her own home.”

The victim managed to secretly call 911 while the man was in another room. A recording of her call was played in court. She can be heard whispering for help, repeating her address and later pleading with the man not to hurt her. Police arrived moments later and caught her ex-husband trying to leave. The woman suffered numerous injuries that required hospitalization. Her ex-husband admitted to the attack and told arresting officers “I should have just had you shoot me.”

Just days before the attack, the man told another retired cop he was frustrated his ex-wife was going to sell their home.

“In the next seven days, I’m gonna do something and you are not going to be happy with me,” he said. The friend apparently didn’t do anything with the information.

Police also uncovered evidence of planning, including a rape checklist the man had made with various items he needed to purchase.

Defence lawyer Jeff Gindin said his client is “humiliated and ashamed” by what he’s done. He said the previous arrests for breaching court orders against his ex-wife couldn’t have predicted this tragic attack.

The man read a brief statement in court and said his prison time may amount to a “death sentence.”

“I do not expect leniency. I just ask that there be a light at the end of the tunnel,” he said. “There are no words to express how sorry I am. I still don’t understand how I was capable of hurting (his ex-wife). I broke a life-long vow to never hurt a woman. My pain turned to anger and I couldn’t control it,” he said.