THUNDER BAY – Two people convicted in what the Crown prosecutor describes as the “brutal attack” that left Richard Spence dead will learn their fates later this week while his family continues to struggle with grief more than three years after his death.
Sentencing submissions were made Tuesday afternoon at the Thunder Bay Courthouse as Superior Court Justice Danial Newton considers punishment for Daniel Debassige and Monica Spence, previously found guilty of second degree murder and manslaughter respectively, in the December 2014 killing of the 62-year-old.
A jury convicted the couple after a two-week trial earlier this year, where evidence was heard that Richard Spence was fatally beaten with the cause of death determined to be a combination of blunt force facial trauma, alcohol intoxication, blood in the airways and severe heart disease.
Victim impact statements were read into the court by three of Richard Spence’s siblings with a four presented by his niece, all of which urged Newton to impose the maximum sentence against the pair and expressed outrage over the apparent lack of remorse shown during the trial.
Shirley Van Dine, Richard’s sister, was one of the people who found him dead in a pool of blood on the bedroom floor of his Secord Street apartment during the early morning hours of Dec. 21, 2014.
She, as well as her siblings, told the court about the devastation of being forced to have a closed casket funeral to hide the physical damage to his body from the assault. Evidence presented during the trial indicated Spence had suffered 44 separate injuries to the head and neck area.
“To know he died violently and senselessly makes it harder to let him go,” Van Dine said, calling Monica Spence and Debassige “cold blooded killers.”
Spence was described as a “happy gentleman” who was kind and generous, and while he had personal struggles was an important member of the family.
His brother, Mervin Spence, emotionally said the family was made to feel at times like Richard was the one standing trial.
“I feel I failed to protect him and wonder if I could have done anything to save him,” he said tearfully, adding his brother’s death made his own cancer diagnosis from years before seem small in comparison.
Crown prosecutor Rob Kozak is seeking a total sentence of between five to eight years for Monica Spence, who will receive pre-sentence custody credit of about three years. He said evidence indicated she struck multiple blows, including at least one stomp to the prone victim.
Defence lawyer Christopher Watkins argued Spence should be given community supervision with release conditions, insisting she was a “victim of significant criminal activity” and was being sexually assaulted and forcibly confined by the deceased leading up to the fatal interaction.
“This is probably the one in a million where everything went wrong,” Watkins said, also referencing a previous sexual assault conviction of Richard Spence against Monica Spence.
Watkins said Monica Spence had no previous history of violence, had a distant criminal record and one recent breach with no violence.
“The best result for the community is she transitions herself well and doesn’t find her way back here,” Watkins said.
“There is no further need for punishment. Now the focus should be rehabilitative.”
Debassige will receive an automatic life sentence as a result of the second-degree murder conviction, with Kozak and defence lawyer Francis Thatcher agreeing to a joint submission for the minimum 10-year parole ineligibility period. Seven of the jurors made the same recommendation after rendering the conviction.
Newton is expected to impose his sentence on Friday afternoon.
