THUNDER BAY – Both Monica Spence and her then-boyfriend Daniel Debassige have been found guilty of involvement in the death of Richard Spence, even after she took the stand and told jurors she was being sexually assaulted by the victim.
Jurors convicted Debassige of second-degree murder while they rendered a guilty verdict against Monica Spence on the lesser charge of manslaughter at the Thunder Bay Courthouse late Thursday afternoon, concluding a trial that began more than two weeks ago.
The couple were standing trial for second-degree murder, charged after the body of the 62-year-old man was found in a pool of blood on the bedroom floor of his Secord Street apartment during the early morning hours of Dec. 21, 2014.
The 12 jurors – eight men and four women – had the option of finding each of the accused not guilty of any offence or guilty of either second-degree or manslaughter. The jury rendered their verdict a little more than 24 hours after beginning their deliberations.
Family members of Richard Spence were visibly emotional in the courtroom with many in tears as the jury foreman read the verdict.
“They understand the jury has come back with a decision holding two people accountable for their relative’s death and that has certainly given them some faith the system is working, that both are accountable for what happened,” Crown prosecutor Rob Kozak said.
Kozak said the case involved presenting the same evidence – which included 20 Crown witnesses – while trying to apply it against both individuals standing trial.
“It’s clear each had a role in the matter but physically their roles might have had different involvement and the jury took that into account I believe with respect to the two different verdicts they rendered,” Kozak said.
During the trial, Monica Spence took the stand as the lone defence witness and told the court she and Debassige went to the apartment of Richard Spence on Dec. 20, 2014 and consumed alcohol. She testified she become intoxicated and fell asleep on the bed, awakening on the living room couch to loud banging on the apartment door and Richard Spence on top of her. She said she pushed him off and wrestled with him on the floor before punching and kicking him to flee the apartment.
Spence said she was able to escape the apartment and left behind her pants, socks and underwear. When she left, she told the court she could hear Richard Spence calling out to her.
While Spence said Debassige was not in the apartment at the time of the altercation, he caught up to her a short distance away from the scene and did not ask any questions about why she was partially naked. Two witnesses testified that Debassige told them he “killed a rapist.”
Monica Spence, upon her arrest nearly 12 hours after the body was discovered, told the lead investigator that “he raped me.” The transcript of a 2007 court hearing where Richard Spence pleaded guilty to sexual assault against Monica Spence was presented as evidence during the trial.
Pathologist Dr. Kona Williams testified the cause of death was a combination of blunt force facial trauma, alcohol intoxication, blood in the airways and severe heart disease. Jurors were also shown photographs of the victim’s body lying in a pool of blood at the crime scene and from the post-mortem with swollen facial features.
“When we look at the injuries this person sustained – we had a pathologist testify to the number of injuries – I’m sure the jury was focusing on the 44 injuries specific to the head and neck area of the deceased,” Kozak said. “The jury took that into account along with some of the revelations each of the two accused made to friends of theirs.”
As well, the jury heard blood of Richard Spence was found on the jacket worn by Monica Spence at the time of her arrest. Her DNA was also found on various items recovered within the apartment. Semen from which Debassige could not be excluded as the source was found on the penis of Richard Spence, with a one in 10 billion probability of it being from somebody else. The same DNA profile was also found in fingernail clippings of Richard Spence and on the living room wall in the apartment.
The next step will be for Superior Court Justice Danial Newton to determine the sentence for both Spence and Debassige.
Under the Criminal Code, there is no minimum sentence for manslaughter. Christopher Watkins, the defence lawyer for Spence, said he will be seeking a sentence of time served after two years of pre-sentence custody.
“Our submissions have always been that she was the victim of a sexual assault. Her role has been defined as being a lesser role,” Watkins said. “All of those things will be taken into account at sentencing, including her background factors.”
Debassige will receive an automatic life sentence, with Newton left to determine how long he must serve before becoming eligible for parole. The jury provided recommendations with seven suggesting the minimum 10-year period.
Spence and Debassige will return to court on June 26 where it is expected a date for sentencing submissions will be set.
