Latest news with #ShermaineCarling
CTV News
23-07-2025
- CTV News
Honduran man gets life with parole in brutal murder of common-law spouse
A Honduran immigrant received a life sentence in court on Tuesday in the brutal killing of his common-law spouse, Shermaine Carling. The incident took place on Sept. 29, 2022. 41-year-old David Espinoza Montes had already pled guilty to second-degree murder in the stabbing death of Carling, who was 33 years old at the time. Justice Joseph Perfetto considered a joint submission on sentencing and agreed to a period of parole ineligibility of 12 years, starting from the date of the offence. 'I'm happy for the family that there's finality in this matter and my thoughts and prayers go out to them,' said assistant Crown attorney, Nicole Stortini. Espinoza Montes, who has no prior record, sat quietly in the courtroom as Justice Perfetto shared the sentence in his over an hour-long hearing. The judge shared with the court how the brutal attack saw Espinoza Montes stab Carling 48 times with a knife and a pair of scissors in a friend's house. Justice Perfetto characterized the incident as an act of intimate partner violence after Espinoza Montes became jealous and acted in a fit of rage. 'His Honour gave incredibly detailed reasons,' said Jayme Lesperance, assistant Crown attorney. 'It was very thorough. It followed all the jurisprudence that (Stortini) argued in front of him.' Justice Perfetto noted he carefully considered the victim impact statements. 'Which in my view speaks to the devastation of Mr. Espinoza Montes' offending,' he said. He took into account the statement from Carling's sister, who wrote how simple tasks are hard to undertake and that both of Carling's children have withdrawn from school because of the emotional anguish. He read a passage from the statement as Espinoza Montes listened. 'Losing her is such a betrayal at the hands of someone who she trusted has shattered our sense of safety and left an ache that seems impossible to heal. No words can fully express how empty our hearts feel without her,' he said. The emotional loss is coupled with the financial loss as Carling sent money home to the Philippines to care for her two children and family. 'We have been talking to the family,' Stortini said. 'Victim Services has also been engaging with the family a lot as well. They want to move forward in this matter, and they are still grieving.' Justice Perfetto said Espinoza Montes had applied for refugee status after his work visa expired and, at the time of the offence, was subject to immigration hearings. He pointed out neither the Crown nor defence discussed immigration status in their joint submission. 'I've got no idea what's going to happen with immigration,' Lesperance said. 'That's entirely out of the scope of our work. What the parole group chooses to do based on their algorithm and assessment is entirely up to them.' Justice Perfetto closed the hearing by addressing Carling's family, who joined through Zoom, saying, 'I hope as time passes you find healing and peace.'
Yahoo
23-07-2025
- Yahoo
Prison with no parole eligibility until 2034 for man who killed migrant worker girlfriend
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."
CBC
23-07-2025
- CBC
Man who murdered migrant worker girlfriend in Leamington sentenced
David Enrique Espinoza Montes has been sentenced of the brutal stabbing death of his girlfriend, Shermaine Carling, in a Leamington rooming house in 2022. The judge said he believes the offender is genuine remorseful. But the question of Espinoza Montes' status in Canada remains unanswered. CBC's Dalson Chen reports.
CTV News
17-07-2025
- CTV News
Court weighs parole ineligibility for foreign worker in Leamington 'crime of passion' murder
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.
CBC
17-07-2025
- CBC
Man who stabbed Leamington migrant worker girlfriend 48 times says he's sorry
Sentencing submissions have been heard for David Enrique Espinoza Montes, who brutally killed his girlfriend Shermaine Carling in a Leamington rooming house in September 2022. Imprisonment with no chance of parole until 2034 is being recommended. CBC's Dalson Chen reports.
