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An Alberta man charged with murdering his girlfriend, whose physique was discovered subsequent to a B.C. freeway, has as an alternative pleaded responsible to lesser offences.
On Tuesday, Philip Jeffrey Toner pleaded responsible to aggravated assault and arson whereas a cost of second-degree homicide was dropped.
He’d initially been charged with homicide within the dying of Sundre lady Brenda Ware, 35 within the spring of 2021 however Crown Prosecutor Joe Mercier stated the reason for the lady’s dying wasn’t sure.
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“It was ascertained in preparation for the trial that reason for dying couldn’t be decided – consequently, the crown is pursuing aggravated assault and arson,” Mercier instructed Court docket of King’s Bench Justice Glen Poelman.
He’s pleaded responsible to torching Ware’s dwelling in Mountain View County on Might 5, 2021.
As an alternative of going to trial, the case will head to sentencing submissions this fall.
The physique of Ware was discovered Might 6, 2021, alongside Freeway 93, about 54 kilometres north of Radium in Kootenay Nationwide Park.
Toner, now 44, was arrested in Lake Nation, B.C., following the grotesque discovery.
On the time her physique was discovered, police stated Ware had been travelling from Didsbury to the park and a B.C. RCMP spokeswoman stated Ware’s automobile, a crimson Jeep Cherokee SUV, was discovered on the scene.
Earlier than Toner‘s arrest, police stated they had been hoping to seek out any witnesses who encountered hitchhikers on Might 5 or 6, 2021, or sprint digicam movies of the world.
Toner was arrested Might 11, 2021, and charged by B.C. Mounties.
However as a result of the case was being prosecuted in Alberta, the idea must be that Ware’s killing occurred earlier than she arrived in B.C. Following Toner‘s arrest, RCMP stated the deceased and accused had been recognized to one another, however didn’t present any particulars of their relationship.
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In February 2023, the Crown agreed to offer public funding so Magder might get a second opinion on the dying of Ware, who labored as a hairdresser in Sundre.
In addressing Poelman on Tuesday, Toner — with a shaved head and clad in a black monitor swimsuit — stated he wished to take duty for his crimes.
“I’m not going to shirk from the actual fact I obtained in a combat with my good friend,” he stated.
“I simply need decision for our households.”
His lawyer Talia Magder stated that whereas two psychiatric assessments recommend Toner is match to face trial and perceive his responsible pleas, a speedy sentencing is essential in mild of his fragile psychological state.
“I’m involved about him deteriorating earlier than sentencing . . . he’s deteriorated previously staying the Calgary Remand Centre,” she stated, including medicines are delivered haphazardly there.
Toner requested Poelman if he could possibly be transferred from the remand centre to the close by Southern Alberta Forensic Psychiatry Centre in northwest Calgary.
“It’s fairly dangerous on the Calgary Remand Centre,” stated Toner.
Poelman stated he couldn’t facilitate that request however wish to see the remand centre accommodate Toner’s psychological well being necessities.
— With information from Kevin Martin
X (Twitter) @BillKaufmannjrn
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