Mom not ready to forgive killer for daughter’s death
Former son-in-law gets seven years in prison for manslaughter, entombing body
The mother of slain Calgary woman Lisa Mitchell said Wednesday she’s not ready to forgive the man who killed her daughter and entombed her body.
“We’re working on it,” Peggy Mitchell said when asked if she was prepared to forgive her former son-in-law for taking her daughter’s life.
Mitchell made the comment shortly after Allan Shyback was sentenced to seven years in prison for manslaughter in the October 2012 death of Lisa Mitchell and the indignity he caused to her body.
The dead woman’s mom expressed disappointment Justice Rosemary Nation didn’t agree with Crown prosecutor Jayme Williams that a much higher sentence was warranted.
Williams argued a 10-year term for the manslaughter was appropriate, and an additional three to five years was warranted on the charge of causing an indignity to human remains.
But Nation agreed with defence counsel Balfour Der that Shyback’s decision to stuff his common-law wife’s body into a plastic container and then entomb her in cement in their baseman warranted an additional two years in prison.
Der also suggested a three-year sentence for killing Mitchell was adequate punishment, but Nation said a number of aggravating factors justified a five-year term.
Because of pre-sentencing custody, Shyback, 40, will have an additional two years and 10 months left to serve on his seven-year sentence.
Outside court, Der said his client was ready to “turn the page” on this chapter of his life and work to becoming reunited with the two children he shared with Mitchell.
“His children were the centre of his universe,” Der said, of the kids now under the care of their grandmother.
He said the sentence was a little higher than hoped, but Shyback is glad his prosecution has ended.
“From Mr. Shyback’s perspective, it’s not a bad result.”
Shyback was convicted of manslaughter in May, after Nation ruled he used excessive force in defending himself against Mitchell, 31.
He testified she had menaced him with a large knife while they argued in their home, but after he was able to make her drop it he choked her to death.
Nation cited two particularly egregious factors that warranted a sentence higher than the three years proposed by Der.
She agreed with Williams that the killer’s conduct after Mitchell was dead was an aggravating factor.
Shyback created false text messages and a voice-mail message for the victim’s mom to leave the impression the woman had left town, abandoning her children.
“He started an elaborate coverup of the offence,” the judge said.
Nation said entombing his victim’s body in the basement of their home for two years while the children wondered where their mother went was particularly outrageous.
“It left her family, most importantly her young children, the impression that she had taken off and left them,” the judge said.
Nation also noted the crime was one of domestic violence.
“Violence within a common-law relationship is aggravating.”
Before sentencing, Shyback apologized for his behaviour.
“I deeply regret the offence that led to this,” he said.
“I have regret and am shamed at my actions that followed.”