By paNOW

Man gets life sentence for fatal beating

Oct 16, 2013 | 9:40 AM

A man convicted of murder for his role in a brutal assault near the Muskoday First Nation has been sentenced to life in prison with no possibility of parole for 15 years.

Wayne Moshenko was found guilty by a jury last week at Queen’s Bench in Prince Albert for participating in the beating that killed Ricky Bear on Aug. 6, 2011.

Judge Rothery ruled that Moshenko will spend at least 15 years in prison, adding five years to the minimum amount of time he could have been eligible for parole under law.

She cited several factors aggravating factors that led her to impose the extra period of incarceration including the victim impact statements submitted by crown prosecutor Michael Pilon.

Before Rothery rendered her ruling Bear’s widow, Gloria Burns, and sister, Tracy Bear, read their statements to the court.

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Burns described how her “world came to a stop” the day she found out her husband had been killed. She said she still sometimes catches herself “waiting for Ricky to come home” and often wonders if there was something she could have done differently on that day to prevent Bear’s death.

Tracy Bear told the court about the emotional hours after she first found out about Ricky’s death and said her family has been changed forever by the murder.

The most difficult moment came when she described Ricky’s appearance when they saw him at the funeral home and were asked if he would have an open or closed casket funeral. She cried as she said she couldn’t kiss her brother because his face had been so badly damaged in the beating.

Judge Rothery also cited Moshenkos’s extensive criminal record as another factor in her decision. Moshenko has been convicted of more than 40 offences including nine violent crimes and two counts of armed robbery.

According to crown prosecutor Michael Pilon, the only lengthy periods of time in which Moshenko wasn’t involved in criminal activity coincided with when he was incarcerated.

The vicious nature of the offence also contributed to Rothery’s ruling. Ricky Bear was unconscious and therefore defenceless for most of beating, she said.

She also noted when Moshenko was arrested shortly after the murder he was found with a cellphone in his pocket, but never called to get help for Bear.

Moshenko’s apparent lack of remorse also contributed to the length of his sentence. In a letter he wrote to the court for the sentencing hearing, he only described his personal problems and did not seem to express remorse, said Rothery.

Moshenko’s defense counsel argued his negative residential school experiences and problems with drugs and alcohol should be factored into the court’s decision. But ultimately Rothery agreed with the crown’s recommendation of a 15 year minimum sentence.

Another man was found guilty of manslaughter in relation to Bear’s murder earlier this summer. Cody Walker was sentenced to ten years for his role in the fatal attack.

sleslie@panow.com

On Twitter: @_seanleslie