Described as mild-mannered, gentle and soft spoken, a man who did nothing while his wife took her own life is pleading for leniency.
Peter Fonteece, 47, is seeking three years probation in addition to time served after pleading guilty to criminal negligence causing death.
His 38-year-old wife Yanisa died in February 2009 after ingesting upwards of 40 sleeping pills while he stood by silently at her request.
He spoke briefly at a sentencing hearing today in Thunder Bay, Ont., where he told court he and his wife never thought they were committing a criminal act.
The Crown is seeking a nine month jail sentence in addition to the time he served in pre-trial custody.
A sentencing decision is expected May 13.
The couple left Waterloo, Ont., for hopes of a better life when their car heater stopped working in Thunder Bay.
Yanisa Fonteece, who had recently lost her job and was struggling with the abuse she suffered as a child, had spoken of suicide in the past. She decided the heater breakdown that was the last straw and decided to commit suicide.
She checked into a Super 8 Motel, swallowed between 40 and 60 Sleep EZ tablets and consumed several alcoholic beverages. After that, she laid down in bed where she choked on vomit and died.
Her legally blind husband, who also had a difficult childhood, tried three times to kill himself but was unsuccessful, after his wife was already dead.
He called 911 when he was sure his wife was dead and she had started to decompose.
An additional charge of assisted suicide was withdrawn as the Crown agreed his lack of action was more a matter of omission rather than commission.
The Crown is compelled to seek a jail term in a rare and sad case involving a man who stood by while his severely depressed wife took her own life.
His failure to call for help after his wife Yanisa popped upwards of 40 sleeping pills in a Thunder Bay, Ont., motel room warrants a jail term.
“His spouse died, and while he could have done something to have prevented this, he didn’t``
“The Crown feels it has to ask for something.”
The body of 38-year-old Yanisa Fonteece was discovered in a Super 8 Motel room on Feb. 6, 2009 after her husband phoned 911.
Her husband couldn’t work due to a lifelong vision impairment and they decided to move out West in search of a better life and opportunities when the heater in their car broke, forcing them to stop in Thunder Bay.
Yanisa who told her husband she was going to kill herself and that he should wait until she was dead before calling the authorities. He tried three times to take his own life but was unsuccessful, and summoned authorities when her body began to smell and feel cold.
Fonteece pleaded guilty to criminal negligence causing death in December.
Crown noted the circumstances of the offence would “doubtless engender some sympathy for the accused,” but that a spouse is duty-bound to provide the necessities of life under the Criminal Code.
Cases like this are not common.
Crown could find just one similar example involving a Northwest Territories man who got drunk and watched his suicidal wife hang herself in their bathroom.
Ian Kirby was sentenced to 20 months in 2004 on top of the eight months he spent in pre-trial custody.
In that case the Crown was seeking a three to four year sentence, while the defence felt the accused “has been punished enough.”
Fonteece spent more than 60 days in pre-trial custody but was released last April.
A pre-sentencing report to be submitted in court Wednesday will show he’s been doing well at a Thunder Bay facility run by the John Howard Society.
Fonteece has obeyed all his bail conditions and gotten involved in a number of different community volunteer programs.
I dont believe that this man should be sentenced to a prison term. He was depressed and so was his wife and was experiencing distress at the time. He has now taken steps to improve himself, by becoming involved in volunteer programs. I feel that he is remorseful and should not be sentenced to a prison term, but a term of probation instead, with conditions including therapy of some sort for his depression and career counselling.
No comments:
Post a Comment