logo
Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder

Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder

CTV News6 days ago
The court weighs parole ineligibility for a foreign worker in Leamington a 'crime of passion' murder in 2022.
Warning: contains graphic content
David Espinoza Montes, 41, has already pleaded guilty to second-degree murder for killing his common-law spouse, Shermaine Carling, 33.
Both were working in Leamington as temporary foreign workers and living together in a rooming house on Mill Street.
On Sept. 29, 2022, Carling was stabbed to death with a knife and a pair of scissors, by Espinoza Montes.
'It may have been a momentary lapse in judgement by the accused, but it was a brutal and sustained act of violence against Ms. Carling,' Assistant Crown Attorney Nicole Stortini said Thursday. 'She was defenceless and attacked in the sanctity of her own home.'
Court learned Carling suffered 48 'sharp force wounds' to her body, including 21 in her back and 17 in her neck and upper torso.
Victim Impact Statements
Stortini described two victim impact statements read into the record as 'powerful'.
They were both read into the record by Assistant Crown Attorney Jayme Lesperance, on behalf of family that does not live in Canada.
'The brutality of my sister's murder - committed in the very home she once called her sanctuary -has shattered our sense of safety and left us living in constant fear,' Rhea Pulido told the court.
Pulido said her sister immigrated to Canada to provide a better life for her two children and to provide for her extended family in the Philippines.
'Her death has thus inflicted a dual loss: the irreplaceable presence of a devoted daughter, sister, and mother, and the broad-reaching financial foundation she so selflessly built for our entire family.'
Jhoy William-Sipol, another relative of Carling's, told the court both of Carlings' children have now dropped out of school due to stress.
'As the main point of contact for authorities, doctors, victim's services, and others, I'm usually the first to hear the news or any updates and then comes the difficult task of sharing it with family members who are more in deep pain than I am,' William-Sipol wrote.
William-Sipol explained the emotional toll of the court process since 2022.
'I felt vulnerable and feared retaliation from friends of the accused, knowing I'm the executor.'
Accused apologizes
Espinosa Montes apologized to the Carling family, the court and to Canada when given a chance to speak Thursday.
'I came to this country for the purpose of working. I did not come to create problems to this country,' Espinosa Montes said. 'I have never been in prison in my life. I have never been in prison in my own country. This is my first time.'
Espinosa Montes didn't speak specifically about Carling but did say he is remorseful for his actions that took her life.
'I apologize again to her family, her children, her mother. And I only pray now that God will guard them and protect them so they can get ahead,' Espinosa Montes said.
'I have lost so much for a moment of anger.'
No excuse for actions
'This is a crime of passion,' defence lawyer Patricia Brown said Thursday during a sentencing hearing. 'The victim was seeing another man.'
Brown said her client had a 'momentary lapse' in judgment.
'When he discovered those text messages on that fateful day, he caused the death of the victim. There is no excuse,' Brown said.
She said her client was struggling from declining mental health, insomnia and alcohol abuse.
'Even the victim, earlier that day, was in support of him going to the clinic to get medication,' Brown said, noting however alcohol was not a factor the day of the killing.
Joint submission on sentence
Espinosa Montes pleaded guilty to second-degree murder, which carries a life sentence in prison.
The defence and both Assistant Crown Attorneys presented a joint submission on sentencing.
They would like Espinosa Montes to be sentenced to a period of parole ineligibility of 12 years.
Judge reserves decision
Justice Joseph Perfetto was prepared to return with his decision late Thursday afternoon.
At the request of the Crown however, decided to defer to Wednesday July 23.
Carlings' family members were watching the court proceedings remotely Thursday, where they are 12 hours ahead.
He decided instead to return with a decision starting at 9 a.m.
Immigration concerns
At the time of her death, Carling was seeking refugee status so she could stay in Canada and continue to support her family in the Philippines.
Espinoza Montes immigrated to Canada from Honduras because he was 'being targeted by a gang', according to Brown.
She says her client fears for his safety once he's served his sentence in Canada.
There was discussion Thursday about Espinoza Montes' fate once he is granted parole, with Brown noting he is likely to be deported but will attempt to remain in the country for safety reasons.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Americans hold vigil for Canadian girl, 9, found dead in a pond
Americans hold vigil for Canadian girl, 9, found dead in a pond

National Post

time16 minutes ago

  • National Post

Americans hold vigil for Canadian girl, 9, found dead in a pond

Residents of an upstate New York town gathered Tuesday night to shed tears and light candles for a nine-year-old Montreal girl whose body was found in their community over the weekend. Article content Scores of people in Ticonderoga gathered at a local park for an emotional tribute to nine-year-old Melina Frattolin. Article content As 'Somewhere Over the Rainbow' played softly from a speaker, people lit each other's candles, wiped away tears and bowed their heads as a prayer was read. Article content Article content Her 45-year-old father has been charged with second-degree murder and the concealment of a human corpse. Luciano Frattolin, a Montreal resident, has pleaded not guilty. Article content Article content Ticonderoga resident Bridgette Cruz, who organized the vigil, said her heart is shattered for Melina's mother and loved ones. Article content 'She was supposed to be taken care of, and I can't fathom as a mother the pain that she's enduring in her heart, and the suffering,' she said ahead of the vigil. 'It truly is a tragedy, not just for this town but two nations.' Article content She says the little girl would forever be a part of the community, even if she didn't live there. Article content 'This little girl was not from here but we're going to love her like she was from Ticonderoga,' Cruz said. Article content Matthew Courtright, president and CEO of the Ticonderoga Area Chamber of Commerce, said the whole community had been affected by the death. Article content Article content 'In the face of tragedy, in the face of issues, we always come together,' he said. 'People step up and we support each other.' Article content Article content At the vigil, a bouquet of flowers and a small stuffed animal were set on a table. Next to it sat two pieces of artwork, with a message in a child's handwriting that read, 'RIP Melina. You were loved by a lot of people.' Article content As the sun set across the park, illuminating the open spaces and a bubbling waterfall, many of the vigil attendees expressed incomprehension at how a father could allegedly have killed his child. Article content Article content 'Hearing about the father, it's devastating,' said Annette Hurlburt. 'I have a nine-year old nephew and I can't imagine this happening to him.' Article content She said many residents of the town received an Amber Alert when Melina went missing, and had hoped for her safe return. Article content Hurlburt said her message was to encourage anyone who is struggling to seek help before it's too late. 'If you are in a situation and you need to seek help, so tragedies like this don't happen, I would recommend getting help,' she said. Article content

Two vehicle crash sends four to hospital in Oxford County
Two vehicle crash sends four to hospital in Oxford County

CBC

time17 minutes ago

  • CBC

Two vehicle crash sends four to hospital in Oxford County

Social Sharing One person is in critical condition, and three others are injured, after a two vehicle crash Tuesday afternoon in Oxford County, east of London. Provincial police and emergency crews were called to the intersection of Oxford Road 8 and 16th Line, in the Township of East Zorra-Tavistock, at around 3:30 p.m, police said. Two individuals have non-life-threatening injuries, one has serious but non-life-threatening injuries and the other person's injuries are serious. They all came from the same vehicle. The investigation is ongoing. Oxford Road 8 was closed Tuesday between 15th and 17th Line, as was 16th Line at Braemar Sideroad and Oxford Road 5, however they have since reopened.

Regina police official pleased with city's improved 2024 crime stats
Regina police official pleased with city's improved 2024 crime stats

CBC

time17 minutes ago

  • CBC

Regina police official pleased with city's improved 2024 crime stats

The amount of crime and the severity of it in Regina decreased in 2024, according to the latest data from Statistics Canada. Regina's crime severity index fell by 11 per cent in 2024. That stat measures the number of crimes reported by police per 100,000 people, combined with a weighted scale of how severe the crimes were. Regina now ranks 11th in the country for the crime severity index, compared to ninth a year ago. Regina ranked ninth for its crime rate in 2024, which decreased by seven per cent over the previous year. The city has consistently ranked above the national average for crime severity. "I can recall the days when Regina was No. 1 for crime severity and crime rate," said Regina Police Deputy Chief Lorilee Davies. "When we're not in the top five, that makes me happy," said Davies. "But it doesn't mean that we still don't have work to do because it would be great not to be in the top 20." Potential reasons behind decrease Davies said the city benefited from a national downward trend in crime, but that officers having higher visibility in the community was one reason for Regina's crime decrease. "We really value meeting with our stakeholders, meeting with communities so that we can discuss issues and work collaboratively together," said Davies. Overall, Davies said that most of the Canadian cities with high levels of crime are in Western Canada. In the Prairies, there are long-standing issues affecting marginalized and vulnerable people, which can lead to higher incarceration rates, said Davies. So far in 2025, Davies said Regina crime rates are down in all areas, except for arson, which she called "a pressure point." "For the most part, we are trending in a good direction right now," said Davies.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store