Warning: This story contains graphic details not suitable for all readers.
THUNDER BAY - One of the three accused in the brutal 2018 beating death of 25-year-old Ashley McKay has been sentenced to eight years after pleading guilty to manslaughter.
Marlene Kwandibens, 41, appeared before Justice Tracey Nieckarz in a Thunder Bay Courtroom on Monday where the sentence was handed down.
With pre-sentence custody credited at a rate of one-to-1.5, Kwandibens will serve an additional 1,250 days in a federal penitentiary, or just under 3.5 years.
Kwandibens was initially charged with second-degree murder but pleaded guilty to the lesser charge of manslaughter in April 2021. Terryl Michon and Darren Oombash were also charged with second-degree murder in relation to the incident.
According to an agreed statement of facts presented to the court in August, 2021, the three accused and McKay were in Kwandibens' apartment on Cumming Street the night of Oct. 29, 2018 where they were consuming alcohol and drugs.
Michon became upset with McKay after believing she was spreading gossip about her and McKay was slapped by Kwandibens. The three then began to repeatedly assault McKay, including Oombash stepping on her neck.
McKay suffered 85 blunt force injuries to her body, including several to the head, face, neck, and torso. Following the assault, McKay was stripped of her clothes, had her hands and feet bound, and was placed in a closet.
Kwandibens stayed awake to keep an eye on her while the other slept and at one point observed that McKay had stopped breathing. Kwandibens woke up Michon and Oombash and McKay was then placed into a plastic storage container.
When another individual arrived at the apartment he was shown her body and attempted to revive her but was told by Kwandibens that she was dead. Police were then called and attended the scene. Forensic evidence included McKay’s blood being found in the apartment, as well as on clothing belonging to the accused.
McKay’s cause of death was said to the be result of blunt force head trauma, but asphyxiation could not be ruled out possibly resulting from the position she was placed in while in the closet or storage container.
The Crown was seeking a sentence of between eight and 10 years, while the defense requested a sentence of six years, plus two years probation.
Justice Nieckarz said this sentencing weighed heavily on her, as there were several aggravating and mitigating factors to consider for both the family of the victim and the circumstances of the accused.
A pre-sentence report and Gladue report detailed Kwandibens’ past, which included childhood trauma and substance abuse beginning at the age of 13.
Justice Nieckarz also referred to several mitigating factors, including Kwandibens' efforts to seek treatment for mental health and substance abuse issues during her time in custody, as well as her plea of guilt and expressions of remorse.
“She expressed remorse of her actions and the pain caused to Ashley’s family and apologized,” Justice Nieckarz said. “I found her expression of remorse and apology to the family to be very sincere.”
However, several aggravating factors were also referenced, including the brutal nature of the assault and the lasting impact McKay’s death has had on family members.
Justice Nieckarz cited a victim impact statement provided to the court by McKay’s father, where he states that he experiences unfathomable pain daily.
“Despite all this pain and trauma, it has been the horrific manner in which she died and the indignity done to her body that has caused him the most suffering,” Justice Nieckarz said.
The attack also took place against a vulnerable person who was intoxicated and involved three individuals against one.
“The Crown argues, combined with her condition, did not give her any opportunity to defend herself,” Justice Nieckarz said. “She was beaten extensively, had her clothing removed, and tied up and left to die.”
However, the defense argued that Kwandibens was also a vulnerable person who victimized a vulnerable person and a sentence of six years and two years probation would provide a balance between denunciation, deterrence, and rehabilitation.
Justice Nieckarz said she acknowledged that while substance abuse played a role in the attack, it does not negate Kwandibens’ blameworthiness, adding she was aware of the consequences of her actions despite her impairment.
While Justice Nieckarz did not agree the proposed sentence on the part of the defense was adequate in terms of denunciation and deterrence given the nature of the assault, she also agreed that the higher end of the Crown’s submission of 10 years was not appropriate either, ultimately sentencing Kwandibens to eight years.
In addition to the sentence, Kwandibens will be required to submit a DNA sample and be subject to a 10-year weapons prohibition.
Michon has since pleaded guilty to manslaughter in August 2021 and will be sentenced on Nov. 17, while Oombash is scheduled to appear in court later this month.
