Tragic shooting brings 4-year-term

Man kills his wife of 33 years as he trips with loaded shotgun

An Alberta man who inadvertently killed his wife with a shotgun when he tripped on a staircase while trying to shoot at birds has been sentenced to four years in prison.

Nels Olaf James Magnuson, 67, pleaded guilty to one count of criminal negligence with a firearm causing death for the killing of Colleen Fay Magnuson on July 5, 2011.

Court heard that the couple had been drinking through the day on their rural property near Fort Saskatchewan. They were making supper when the shooting occurred, according to an agreed statement of facts.

“We were sitting on the deck having a few drinks,” Nels Magnuson later told an RCMP investigator. “The dogs went out back and all of a sudden these birds came out again and I grabbed the shotgun and went out the door, and all I remember is falling down the stairs and after that I’m not sure what happened.”

Magnuson “expressed continual disbelief that his wife was dead,” as he spoke to police, court heard.

Court of Queen’s Bench Justice Paul Belzil told Magnuson his wife’s death was “completely senseless. It is a result of a wanton and careless disregard for someone else’s well-being.”

After the shooting, Magnuson called a friend, Troy Lloyd, and confessed to the shooting. When Lloyd and his wife arrived at the trailer, they found Magnuson “weeping uncontrollably” and cradling the body of his wife of 33 years. Colleen was lying at the door to the couple’s back deck with her feet still in the house and a gunshot wound to her back.

“... all of a sudden these birds came out again and I grabbed the shotgun and went out the door, and all I remember is falling down the stairs... .”

NELS OLAF JAMES MAGNUSON

A Remington shotgun and a single expended shell lay beside her.

When Fort Saskatchewan RCMP arrived, Lloyd’s wife was performing CPR on the injured Colleen. Paramedics declared her dead at the scene.

Crown prosecutor Sheila Joyce told court that the home was full of loaded, unsecured guns. Photos taken at the scene show at least five rifles, plus the shotgun, found throughout the home.

Rifles were found leaning against walls “as if they were no more dangerous than a mop or broom,” Joyce said.

Sandra Williams, Collen Magnuson’s daughter, spoke of the guns in her mother’s home in a victim impact statement

“I still believe that guns don’t kill people. People kill people, whether accidentally or with purpose,” she said. “There is only one person who truly knows what happened that day. I know I will never know the truth.”

Allan Williams, Colleen’s son, told court he’s saddened that she will not get to attend his wedding in April. He’s experienced many sleepless night since her death, he said.

“All I have to say is I’ll never forgive myself for what happened,” Magnuson told court.

Both Joyce and defence lawyer Robert Shaigec recommended a sentence of four years, the minimum allowed under the charge.

Magnuson was originally charged with second-degree murder.