Pair gets life for murder of Vicente
Two Saskatchewan men were sentenced to life in prison on Friday for the 2010 murder of Roberto Joseph Vicente over the theft of his car stereo.
Darak Andrew More, 23, is not eligible for parole for 15 years and Devin Riel Joseph Schmit, 21, for 20 years.
“I find it unbelievable and unfathomable that you two would take the life of another human being so you could steal a car stereo,” said Justice Ian McLellan in the Regina Court of Queen’s Bench, adding that the life sentences can “never undo the harm that you caused by your callous and senseless actions that night.”
Originally, More and Schmit pleaded not guilty to first-degree murder and robbery with a firearm. But on Friday, they changed their pleas to guilty to second-degree murder.
When McLellan asked if they wanted to speak before the court, Schmit declined and More merely said “sorry.”
Twenty-five victim impact statements were submitted to the court, including one from Pam Vicente, Rob’s mother. “Some days are unbearable. We go through the motions of everyday life but things seem so meaningless ... This is not something we will ever get over,” she said.
Her hand trembled as she read her statement, at times gazing at the two men as they sat in the prisoner’s detention box in handcuffs. Neither man glanced back. Pam Vicente’s composure broke when she talked about not being there for her son in his last moments.
“Rob died alone. Not surrounded by his loved ones,” she sobbed. “You took someone who was very loved … Rob did nothing to deserve this or leave the world the way he did.”
Rob’s grandmother “lost her will to live” and died on May 28 — what would have been Rob’s 26th birthday, she said. Also, the day Rob was murdered was his younger brother Daniel’s birthday. After the sentencing, she said she was disappointed with the justice system and that the charge was changed from first-degree murder to second-degree murder.
Crown prosecutor Bill Jennings told the court that in the early morning hours of Oct. 10, 2010, Vicente, 25, from Bladworth, met More and Schmit at a party in Davidson, about 147 kilometres northwest of Regina. At 2:45 a.m., the three men left the party to get more beer. Vicente let More drive his car because he had too much to drink. When Schmit and More saw the car stereo, they began planning how they could steal it, said Jennings.
At 3:46 a.m., More and Vicente left the party again to get cigarettes at a gas station in Davidson. More then drove Vicente, who was passed out in the passenger seat, to Schmit’s family farm in Davidson and parked the vehicle. About two hours later, More went back to the party before he and Schmit returned to the farm. Once there, Schmit opened the passenger door and as Vicente slumped toward the ground, he shot him twice in the head with a rifle, said Jennings.
More and Schmit then dragged Vicente’s body into a nearby wooded area where Schmit shot him again in the back to “finish him off” and then buried him in a shallow grave, he said.
Later that day, More drove the car to Saskatoon to try to sell it and the stereo but was unsuccessful. He was pulled over by police and given a speeding ticket.
That night, the men removed the stereo and speakers from the car and set it on fire 29 kilometres west of Davidson.
About a week later, police searched More’s home and found the stereo in his room. Over the next four months, the two men bragged about the crime to friends until they were arrested and charged on Feb. 11, 2011. While in custody, they confessed to the murder. Days later on Feb. 14, Vicente’s body was recovered after More led police its location, said Jennings.
Schmit’s lawyer Andrew Hitchcock said his client doesn’t blame anyone but himself. He then described Schmit’s life growing up in an abusive home and his consumption of drugs and alcohol since he was 10 years old. He had been drinking alcohol and taking drugs that night, and after killing Vicente, Schmit looked at himself in the mirror and cried for 20 minutes, said Hitchcock.
More’s lawyer Darren Armitage spoke briefly to say his client had no excuses for his behaviour and that the charge and the sentence recommendation were appropriate.
More and Schmit also received a lifetime firearms ban and were ordered to provide a sample of their DNA to police.