Wayne McLeod was sentenced Friday to life in a federal penitentiary with no chance of parole for 12 years for the cold-blooded murder of his wife in November 2018.
The 67-year-old Elliot Lake man was convicted of second-degree murder in the shooting death of Diane McLeod following a trial last year at the Sault Ste. Marie courthouse.
The sentence, imposed by Superior Court Justice Edward Gareau, was a joint submission from the Crown and the defence.
McLeod shot his 67-year-old wife in the back with a .308 Winchester calibre lever rifle as she was walking up the basement stairs in the couple's Valley Crescent home in Elliot Lake.
The single shot penetrated her right lower back and exited her left chest, damaging multiple organs.
She died around 10 p.m. on Nov. 14, 2018.
Gareau called it a brutal and senseless murder, fueled by alcohol and a loss of inhibition, noting the couple had a tumultuous relationship – not one of violence, but rather of bickering.
His wife was retreating and her back was facing him, when McLeod fired the rifle, the judge said.
Before he was sentenced, an emotional McLeod quoted from the scriptures and repeatedly told the court he loved Diane.
"This never should have happened. I loved my wife," the weeping man said.
"I miss her every day, think of her all the time," McLeod said. "I have dreams of us walking together in heaven. I know we will be together again some day."
Alcohol causes people to do things they would never do, he said, vowing he will never drink again.
McLeod said he prays that Diane's family will forgive him some day.
"What have I done? I will always and forever love Diane," he told Gareau.
"Please God forgive me for what I have done."
In Canada, murder carries a life sentence, and the only issue before the court Friday was how much time McLeod must serve in prison before he is able to apply for parole.
For second-degree murder, the minimum is 10 years and the maximum is 25.
Assistant Crown attorney Robert Skeggs said McLeod went to the gun cabinet in his basement, selected the rifle, removed the trigger lock, loaded the gun, and "set it down at the ready."
When Diane came down to the basement they argued.
She saw the gun and almost made it up the stairs to safety, but he shot her with his rifle, the Crown said.
McLeod "was motivated by anger" and didn't grab the weapon to scare her as he told police – a claim the lawyer called nonsense.
"He shot her in the back, in cold blood, as she"s retreating upstairs," Skeggs said, comparing it to shooting in a tunnel, a closed space.
He noted McLeod had called his sister minutes after the shooting, leaving a message that he had a big problem, but didn't contact 911 until hours later (5:42 a.m.).
After McLeod was arrested he told an Ontario Provincial Police officer what had happened.
"Why was Diane so mean to me," he said, making it "so much about him," Skeggs stated. "He just couldn't take it any more."
He pointed to the victim impact statements Diane's adult children filed with the court, detailing the effects of their mother's death on them and how much they miss her.
Skeggs said her son has no closure and is gratified that he has an old VHS tape from a barbecue because he can play it to hear her voice.
Parole eligibility at 12 years is appropriate because of McLeod's age and his lack of a prior criminal record, the Crown told the judge.
Phara Bacchus, one of two lawyers representing McLeod, told the court her client comes from a large Newfoundland family, and began working when he was 13 years of age.
He moved to Ontario and was employed at various jobs for 40 years until he was injured and couldn't work any more.
Diane was his third wife, and their relationship was rocky from the start, she said.
It "was volatile" with both calling police during the marriage.
McLeod has always been religious and studies the Bible five hours a day, Bacchus said.
While in custody at the Algoma Treatment and Remand Centre, he has completed many religion programs, as while as others dealing with anger and life management.
"He has done a lot of work to try to understand what brought him to this problem."
Her co-counsel Arun S. Maini said the domestic nature of the murder and its inherent breach of trust is an aggravating factor.
Diane was "highly vulnerable in all of the circumstances," he stated.
Maini then went on to cite a number of mitigating factors -- McLeod is a first-time offender, his behaviour was out of character, and his consumption of alcohol goes a long way to explaining why he did what he did.
When he imposed sentence, Gareau referred to the aggravating factors.
McLeod shot his wife in the back __ " an act of cowardice" -- when she was unable to defend herself.
It was a breach of trust, as her spouse he had "the responsibility to protect her, not take her life in a violent, senseless act."
Gareau pointed to McLeod"s age, lack of a criminal record and no previous violence as mitigating factors.
He was not a person who solved problems with violence, but rather withdrew from confrontations to go to his trailer to drink alcohol.
The act he committed "was impulsive and out of character," the judge said. "I am satisfied he is remorseful."
Gareau called the joint sentencing submission appropriate and supported by jurisprudence.
The judge also imposed a number of court orders, including a lifetime weapon prohibition and forfeiture of all firearms seized in the investigation.
As well, McLeod is not to communicate with his wife's family members and must provide a DNA sample for the national database.