Warning: This story contains graphic details not suitable for all readers.
THUNDER BAY - The second person accused in the 2018 death of 25-year-old Ashley McKay will remain in custody for two more years after pleading guilty to manslaughter and being sentenced to six-and-a-half years.
Terryl Michon, 24, appeared before Justice Danial Newton in a Thunder Bay Courtroom on Tuesday where he sentenced her to six-and-a-half years to be followed by three years probation.
Having been in custody since Oct. 30, 2018, pre-sentence custody was credited at 52 months after being enhanced at a rate of one-to-1.5, leaving Michon with an additional two years to serve.
Michon was one of three individuals charged with second-degree murder for the beating death of McKay on the night of Oct. 29, 2018. Marlene Kwandibens pleaded guilty to the lesser charge of manslaughter and was sentenced to eight years on Nov. 15, 2021, while Darren Oombash, who was also charged with second-degree murder will appear in court later this month.
According to an agreed statement of facts, McKay was with Kwandibens in her Cumming Street apartment where they were consuming alcohol and drugs. Michon and Oombash then arrived and were also consuming alcohol.
Michon accused McKay of spreading gossip about her and wanted her to leave, asking Oombash to remove her from the apartment. McKay was then slapped by Kwandibens and the three proceeded to beat her.
McKay suffered more than 80 blunt force trauma injuries to her head, face, neck, torso, and limbs, as well as fractures to her nose and ribs. The medical examined determined the cause of death to be blunt force head trauma.
After the attack, McKay was stripped of her clothes and had her hands tied up with a shoelace and was placed in a closet. Kwandibens remained awake to watch her and make sure she did not escape while Michon and Oombash slept.
When Kwandibens noticed McKay wasn’t breathing, she woke the others and McKay’s body was placed in a plastic storage container.
Another individual arrived at the apartment in the morning and was shown McKay’s body. He attempted to revive her but was told she was dead. Police were later called to the Cumming Street apartment where McKay’s body was found inside.
Justice Newton said there were several aggravating factors involved in this case, including it being a prolonged and brutal assault by three individuals on a defenseless victim.
While Michon said she had no coherent memory of McKay’s death, she admitted to participating in the assault.
It was also noted by Justice Newton that while Michon may not have participated in the indignities to McKay’s body following the assault, her moral culpability remained high as she was aware of what was being done and did nothing to seek help for McKay.
The lasting trauma McKay’s death has left on her family was also an aggravating factor, which was detailed in victim impact statements from family members, including her father.
“He has been filled with so much pain,” Justice Newton said of the McKay’s father. “This has left a severe scar in his life.”
But Justice Newton also referred to several mitigating factors in his sentencing, including a pre-sentence report and Gladue report detailing Michon’s background that included childhood trauma and substance abuse that increased following the loss of her children.
Letters of support for Michon were also submitted to the court from her mother and the Elizabeth Fry Society speaking to the progress she has made while in custody to address her substance abuse issues and completing her high school education.
“I note she has made significant progress with her education and rehabilitation over the last three years,” Justice Newton said.
Other mitigating factors include Michon’s admission of guilt and expressions of remorse for her actions.
In a letter, Michon submitted to the court she expressed her plans to attend Confederation College and work to help others facing addiction issues.
She also wrote a letter to the McKay family where she apologized for Ashley’s death.
“I am deeply sorry for what happened to her,” the letter reads. “I can’t take away the pain that this caused. I will live with her death for the rest of my life. I did deeply care for her and I should have been a better friend. I am truly sorry for what happened to her.”
While the Crown was seeking a sentence of between eight and 12 years, Justice Newton said denunciation and deterrence will be addressed by Michon serving an additional two years in custody.
Michon is also required to submit a DNA sample and will be subject to a weapons prohibition of 10 years.
