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THUNDER BAY – A convicted double murderer could spend the next three decades behind bars before being first eligible for parole.
Sentencing submissions were made during a Tuesday hearing at the Thunder Bay Courthouse for Benjamin Marki, who was found guilty of two counts of second degree murder in the December 2015 deaths of Wilfred Pott and Anne Chuchmuch. Members of the victims' families had victim impact statements presented to court on Monday.
Crown prosecutor Andrew Sadler urged Superior Court Justice Terrence Platana to impose a sentence with two consecutive 15-year periods of parole ineligibility for each murder that would keep the 42-year-old Marki behind bars for at least 30 years.
“It’s a tragic situation our community and their families have suffered this loss as a result of Mr. Marki’s actions,” Sadler said.
A second degree murder results in an automatic life sentence, without parole eligibility for between 10 and 25 years. Multiple murder convictions can result in sentences being served consecutively.
Marki earlier this year was convicted by a jury of two counts of second degree murder, one count of arson endangering human life and one count of committing an indignity to a human body.
Pott and Chuchmuch had opened their home to Marki, a recovering addict, in an effort to help him turn his life around.
Emergency services were called to the Brant Street home on the night of Dec. 27, 2015 to respond to a fire.
Upon arrival they found the 60-year-old Pott unresponsive and discovered he was suffering from multiple stab wounds when he was brought out to an ambulance. He died a short time later, likely from a stab wound to the left thigh. He had also been stabbed eight times in the head and neck area.
The charred remains of the 50-year-old Chuchmuch were found after the fire had been extinguished. She had 12 lethal or potentially lethal sharp force injuries and at least 40 total stab wounds. Her cause of death was likely a result of blood loss and breathing in blood. Investigators could only identify her remains through DNA testing.
“The murder of Anne Chuchmuch is a particularly aggravating murder given the extent and number of injuries,” Sadler said.
Sadler added that Marki does not accept responsibility for the crimes and continues to maintain his innocence.
Defence lawyer Christin Marrello sought a total 15-year ineligibility period, arguing that a sentence with separate, consecutive ineligibilities would not be appropriate in this case.
Marrello noted there is no guarantee Marki will ever be granted parole.
“At the end of the day, Mr. Marki will be subject to a life sentence,” Marrello said, adding there would always be conditions attached to any release. “He’ll never again be a free man and walk free.”
Marrello said Marki had considered Pott and Chuchmuch to be close friends and like parental figures.
Sadler said pre-sentence reports outline Marki’s “extensive” criminal record, which includes a history of violence dating back to his youth.
Both lawyers referenced Marki’s background in the reports, which included being born to parents affiliated with the Hell’s Angels who formed an unstable family environment that led to physical, sexual and emotional abuse.
Platana is expected to impose sentence in late August.
