Almost exactly three years to the day after her husband was shot dead on their isolated Fallen Timber acreage, Heather Wilson Duncan has been handed a four-year prison term in the killing.
Wilson Duncan, 63, was given the sentence by Justice Alan McLeod on Dec. 9 after an eight-woman, four-man jury found her guilty of manslaughter on Nov. 26 following a three-week trial.
Barry Duncan was shot once in the head with a 12-gauge shotgun on Dec. 10, 2010. He died at the scene south of Bergen.
Wilson Duncan was tried on a charge of second-degree murder, but was convicted of the lesser charge of manslaughter.
Manslaughter is culpable homicide where there is no intent to kill, unlike second-degree murder which includes deliberation.
Crown prosecutor Doug Simpson had called for the four-year sentence, which is the minimum allowed for manslaughter with a firearm.
Defence lawyer Jim Butlin had said that he was planning to launch a constitutional challenge in the case, but did not proceed with that undertaking.
No victim impact statements were read during the Dec. 9 sentencing hearing.
At the hearing Duncan maintained that the shooting was accidental, said prosecutor Simpson.
“It was a tragic case for everyone,” Simpson said following the sentencing.
During the trial the jury heard that the couple were arguing about Christmas tree decorations shortly before he produced a shotgun and it went off.
In a 911 call following the shooting, Wilson Duncan told the dispatcher: “I killed him. I killed my husband. I just killed a person. He's dead in the living room. My husband is dead.”
Testifying in her own defence, Wilson Duncan said the shooting was an accident, with the gun discharging after Barry Duncan tried to push the gun into her hands.
“He was pushing the gun at me,” she testified. “I was grabbing the gun and trying to take it away. Then he fell down.”
It is not immediately known where Wilson Duncan will serve her sentence, said Simpson.
Defence lawyer Butlin says he is considering whether to launch an appeal.
“That is under consideration,” Butlin told the Gazette. “We've got until Jan. 9 to decide. I have to review the transcripts. If she is going to appeal then she would apply for appeal bail.”
Asked how his client is holding up, he said, “She is very disappointed. She believes this was a terrible accident. It's kind of a sad state of affairs for her.”
Asked about his decision not to launch a constitutional challenge, Butlin said, “We looked at that. It's such a prolonged and lengthy process. We decided that we weren't going to go ahead with that.”
