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Victim impact statements, sentencing arguments heard in deadly Faro, Yukon shooting case

Victim impact statements, sentencing arguments heard in deadly Faro, Yukon shooting case

A fatal shooting in Faro, Yukon, three years ago irrevocably changed the lives of the victims’ loved ones, the survivors and the town, according to a hearing this week in a Whitehorse courtroom.

Saengduean Honchaiyaphum, 42, and Patrick McCracken, 73, were shot dead in their home by Ralph Bernard Shaw on October 26, 2021, during an attack that sent shockwaves throughout the region.

Shaw pleaded guilty He was sentenced Monday in Yukon Supreme Court to first-degree murder for killing his estranged wife, Honchaiyaphum, second-degree murder for killing McCracken and aggravated assault for wounding Honchaiyaphum’s partner.

Twenty-one victim impact statements and a community impact statement were presented as part of Shaw’s sentencing hearing, and all but two were read in court from Monday afternoon through Tuesday.

Honchaiyaphum, called Sang by her friends, was remembered as a loving mother who started a new life after leaving Shaw. Her friend Kara Went told the court she had found new love, a new home and had been “incredibly happy and confident” in recent months.

Went helped Honchaiyaphum break up with Shaw in August 2021 and missed a call from her after Shaw arrived at her home.

“Sang was ready to embrace his freedom,” he said.

“I had to tell the two girls that you killed their mother.”

Saenduean Honchaiyaphum and Patrick McCracken were killed by a gunman in Faro, Yukon, on October 26, 2021.Saenduean Honchaiyaphum and Patrick McCracken were killed by a gunman in Faro, Yukon, on October 26, 2021.

Saenduean Honchaiyaphum and Patrick McCracken were killed by a gunman in Faro, Yukon, on October 26, 2021.

Saenduean Honchaiyaphum (left) and Patrick McCracken were killed by Ralph Shaw on October 26, 2021 in Faro, Yukon. (Sang Honchaiyaphum/Facebook, Posted by Brandy Gulle)

McCracken, meanwhile, has been described as a “pillar of the community” with strong ties to his family in Winnipeg, despite having gone to the Yukon decades ago to work in mining.

The court heard McCracken, known as “Pat”, was gentle, mechanically inclined and had built an airplane, a boat and a log house. He lived “a life dedicated to helping others,” always had stories to tell, and was very fond of his grandchildren.

One of his grandchildren remembered walking around with him and listening to songs. Who Let the Dogs Out?McCracken was barking out the open windows along with the song.

McCracken’s wife, Barb, read her statement on the witness stand next to a framed photo of her husband, facing Shaw, who was seated with his attorneys and spent much of the proceedings staring at the defense table.

“My life is shattered… I lost the love of my life and my best friend,” he said.

“Ralph, I hope you rot in prison.”

Other testimonies outlined the horror of watching the shootings, hiding from gunshots, frantically responding to calls for help, trying to help the injured, and the lasting impact on Faro.

“I have seen our community lose its sense of safety and peace,” a statement said, noting that the sound of fireworks was now triggering anxiety for residents.

“What you did was a very despicable and cowardly act.”

Sentences for 2nd degree murder and aggravated assault discussed

While Shaw’s sentence for first-degree murder was uncontroversial (a conviction comes with an automatic life sentence with no chance of parole for 25 years), the Crown and defense disagreed on two other charges.

Second-degree murder also carries a life sentence, but parole ineligibility ranges from 10 to 25 years, while aggravated assault carries a maximum sentence of 14 years.

Crown attorneys Tom Lemon and Kathryn Laurie argued that Shaw should receive the maximum sentence for both crimes, while defense attorneys Kevin Drolet and Amy Steele argued for a 15-year parole ineligibility and a sentence of 8 to 10 years in prison for the aggravated assault.

Drolet acknowledged that debating the sentences “might seem like debating how many angels can fit on the head of a pin” because they would be overshadowed by a first-degree murder sentence. But he said parole eligibility could determine things like whether Shaw moves from a maximum-security institution to a medium-security institution.

Lemon argued that the “exceptional nature” and “very severe” circumstances of the case justified the harshest penalties available.

Laurie separately alleged that Shaw was “motivated by revenge,” killing Honchaiyaphum for abandoning him, shooting his new partner because he “changed” her, and later killing McCracken after confronting her for allegedly speaking “badly” about him.

The Crown argued that the fact that Shaw shot Honchaiyaphum’s partner and continued to pursue him after he fled (including shooting into a house where he believed the man was hiding) was particularly aggravating.

“Mr. Shaw was a man on the hunt, determined to finish off his wounded prey,” said Laurie.

He also claimed that Shaw had initially planned to flee to the US border, so he brought his passport and more than $50,000 in cash with him before realizing it was too late.

Laurie noted that less than 20 minutes passed between Shaw killing Honchaiyaphum and McCracken, and that in less than an hour he fired at least 28 shots and “terrorized the entire town.”

“This is unprecedented in Yukon history,” Laurie said, adding that Shaw brought “American-style gun violence” to a small Yukon town.

Lemon later added that the case had “among the worst aggravating circumstances a court could ever hear of.”

‘He’s not a monster,’ defense says

The defense challenged the Crown’s description of events.

Steele acknowledged that Shaw’s “horrific crimes” had a “devastating impact” but argued that he still deserved a “fair punishment” and to be treated as a human being.

“He’s not a monster,” he said, citing his age, lack of a prior criminal record, criminal record and health issues as mitigating factors.

Steele disputed the Crown’s assertion that the case was one of the “most serious” cases, arguing that there had been a “numerous… brutal” murders elsewhere in Canada.

Deputy Judge Elizabeth Hughes interjected, noting that she has served as a judge in multiple jurisdictions since 2001.

“Multiple homicides are a rare, rare occurrence,” he said.

Steele then pointed to second-degree murder cases involving more graphic deaths in which defendants were denied parole for 10 to 20 years. Acknowledging that it was “difficult” to make comparisons, Steele said McCracken was killed by a single gunshot and without “unnecessary violence” or other factors that would justify longer-term parole.

Drolet told the court that Shaw, originally from Prince Edward Island, was a “sick child” with health problems that followed him into adulthood and also experienced “profound” social isolation throughout his life, the only Honchaiyaphum had more than that He said he was a person. More than a brief friendship with. According to Drolet, she had been disabled by increasing physical and mental health problems since 2006, and Honchaiyaphum’s departure with her children was “particularly distressing.”

Shaw was hospitalized in September 2021 for anxiety, depression and suicidal ideation. Drolet said he “remembered quite clearly” Shaw arriving in Faro on the day of the murders and seeing her with another man as he passed Honchaiyaphum’s new house. He acknowledged that he had acted “in anger” but had “little recollection of what happened afterwards” . HE.”

Drolet claimed that Shaw’s original plan on traveling to Faro was to give his daughters valuables (a diamond ring and cash) before shooting himself by the river.

While Shaw’s guilty plea came late in the court process, Drolet said Shaw accepted responsibility from an early stage and insisted on admitting guilt even after his lawyers backed out.

Hughes gave Shaw a chance to speak before the day’s court session concluded.

“I’m so sorry for everything I did,” he said. “That’s all I have to say.”

Hughes will announce his sentencing decision on Thursday morning.