Prison with no parole eligibility until 2034 for man who killed migrant worker girlfriend

Yahoo

5 days ago

Life imprisonment with no chance of parole until September 2034 is the sentence for a Honduran man who stabbed his migrant worker girlfriend 48 times.
David Enrique Espinoza Montes, 41, showed no emotion as he received his sentence in a courtroom at the Superior Court of Justice in Windsor on Wednesday.
Justice Joseph Perfetto described Espinoza Montes' crime as "particularly callous and senseless," and said the attack itself was "gratuitous and vicious."
"There is no question (the victim) was terrified," Perfetto told the court. "There was no mercy shown to her."
But the judge said he believes that Espinoza Montes' expressions of regret are sincere.
"In my view, Mr. Espinoza Montes has insight into his offending, and the deep impacts associated with it," Perfetto told the court.
"I am satisfied that Mr. Espinoza Montes is remorseful for his conduct."
The killing of 33-year-old Shermaine Carling occurred on Sept. 29, 2022, in a rooming house in Leamington.
According to the agreed upon statement of facts, Espinoza Montes attacked Carling in a jealous rage after learning she had been seeing another man.
Espinoza Montes inflicted 48 stab wounds on Carling's neck, torso, and back using a kitchen knife and a pair of scissors.
Immediately after the attack, Espinoza Montes remained at the scene and surrendered himself to police.
Earlier this year, Espinoza Montes pleaded guilty to a charge of second-degree murder. The charge carries an automatic life sentence in Canada.
Perfetto agreed with a joint sentencing recommendation from the Crown and the defence that Espinoza Montes should not have eligibility for parole until 12 years of incarceration.
Espinoza Montes has been in custody since his arrest almost three years ago.
Perfetto said the offender entering a guilty plea was the most significant mitigating factor in the sentencing, as it spared Carling's family — which includes two children — from the hardship of a trial.
Perfetto noted that Espinoza Montes had no prior criminal record, and has been participating in counselling and anger management programs at the South West Detention Centre.
"Other than this offence, there is no evidence that he is a violent person," the judge said.
The judge acknowledged that this case can be categorized as intimate partner violence.
Assistant Crown attorney Nicole Stortini agreed. "It is a very sad case of intimate partner violence," she said outside the courthouse. "The family is going through palpable grief, and they were very clear in expressing their grief."
Fellow assistant Crown attorney Jayme Lesperance pointed to the victim impact statements provided by Carling's family members. "(This murder) had a profound impact on children, cousins, siblings, and parents. We could never help with this wake of grief. We just hope this gives them some finality."
Espinoza Montes' status in Canada remains uncertain. He came to Essex County from the Honduras under a temporary foreign worker visa. But at the time of the murder, that visa had expired, and he was in the process of a refugee application.
The judge said he agrees with the Crown and the defence that immigration consequences should have no bearing on this sentencing.
Outside the courthouse, Lesperance said the Crown doesn't know if Esperanza Montes will be deported, and that will be matter for an immigration courts.
Justice Perfetto reserved his final comments for the victim's family in the Phillippines, who attended the courtroom virtually.
"It is difficult if not impossible for this court to console you," Perfetto told them. "There is nothing this court can do to undo the past... I wish that were different."
"However, I hope that as time passes, you will find healing and peace."