Man sentenced to eight years for killing baby
Mother's former boyfriend convicted of manslaughter in child's 2017 death
After repeated delays, the man convicted of killing a 16-monthold baby in Cold Lake three years ago has been sentenced to prison.
Court of Queen's Bench Justice Stephen Hillier on Tuesday handed 38-year-old Sherman Whitford eight years in prison for the manslaughter death of Veronica Poitras, his then-girlfriend's baby daughter.
With credit for time in pretrial custody, Whitford has three-anda-half years remaining on his sentence.
Poitras suffered head and neck injuries on Aug. 26, 2017, at her mother's Cold Lake apartment. She was airlifted to Edmonton's Stollery Children's Hospital, where she died two days later after she was removed from life support.
“This tragic matter has affected not only the parties directly involved … but also the greater community,” Hillier said from a St. Paul courtroom.
“Veronica Poitras was a special and unique individual whose life was lost tragically at the age of 16 months.”
Whitford, a pipefitter, was initially charged with second-degree murder. A jury convicted him of the lesser offence of manslaughter on Nov. 25, 2019, after a three-week trial.
The exact details of Poitras's death are unclear. Court heard Whitford was caring for Poitras while her mother, Jaylene Houle, ran errands. The two took a nap together. When Houle arrived home, baby Veronica was unresponsive on the bed.
Manslaughter carries the widest range of sentences of any crime in Canada, ranging from life in prison to no jail time.
Crown prosecutor Jeff Rudiak said Poitras' injuries, which included three skull fractures, were akin to a 35 km/ h car accident. He argued Poitras' death was a “near murder” on the manslaughter spectrum, and that her other injuries — including rib fractures — were evidence she suffered multiple blows.
An appropriate sentence was eight to 12 years in prison, Rudiak said.
Defence lawyer Tim Dunlap argued his client instead suffered a “momentary loss of control,” and that the fractures to Poitras' ribs could have been sustained during efforts to revive her. He argued for a sentence of three-and-a-half to five-and-a-half years.
Hillier ruled that, either way, Whitford was “unable or unwilling to explain what happened from his perspective,” noting he has the right to remain silent. He noted Whitford failed to seek treatment for the infant, despite the fact the apartment was across the street from the Cold Lake hospital.
Hillier said this was evidence not of a momentary lapse, but a “sustained failure” to help an injured infant.
Whitford had no prior criminal record and no previous issues parenting his own children. He pleaded guilty to two breaches of a `no contact' order with Houle while on release, court heard.
Dunlap added that when Whitford wasn't in custody, he was a victim of a Facebook campaign that forced him to leave town.
Whitford's case has been repeatedly delayed. His initial sentencing hearing — March 16 — was postponed due to the onset of the COVID-19 pandemic. A subsequent hearing in August had to be adjourned following a dispute over how much credit Whitford should receive for pretrial custody.
Crown and defence eventually agreed to give Whitford credit for four-and-a-half years, including enhanced credit for time in solitary confinement.
Whitford, who appeared by CCTV from the Edmonton Remand Centre, apologized during
a brief statement to the court. He wore a surgical mask when entering the CCTV cell — evidence of the ongoing COVID outbreak at the provincial facility.
According to Alberta Health Services, there were 65 active COVID cases among inmates at the remand centre as of Tuesday. Some 26 staff members were ill
with the virus.
St. Paul is about 200 kilometres northeast of Edmonton.