Michael Joel-Hansen
Saskatoon StarPhoenix
A Saskatoon jury has convicted Roderick William Sutherland of manslaughter, unlawful confinement and offering an indignity to human remains in the 2020 death of Megan Michelle Gallagher.
The jury returned its verdict, finding Sutherland guilty of all charges he faced, at 3:30 p.m. Friday.
Deliberations began Thursday afternoon at the trial that began last week in Saskatoon Court of King’s Bench.
Jurors do not provide reasons for their decision, but cries of relief filled the gallery after the verdicts were read, ending a five-year journey for the Gallagher family.
Gallagher, 30, was a missing person for two years until her remains were found on the riverbank of the South Saskatchewan River near St. Louis.
Sutherland’s trial heard that Gallagher was tied to a chair, beaten and wrapped in plastic in Sutherland’s garage at 709 Weldon Avenue between Sept. 20 and 21, 2020.
The Crown adjourned the case to later Friday afternoon to argue for Sutherland’s detainment before he is sentenced. Sutherland has been out of custody during the trial.
Prosecutor Jennifer Schmidt said Sutherland’s prior criminal record includes two counts of assault and one count of overcoming resistance by choking against a woman.
Schmidt said the Crown will be seeking a double-digit sentence.
Defence lawyer Blaine Beaven said Sutherland hasn’t been convicted since 2012 and has abided by strict release conditions. Court heard his cousin is willing to put up $1000 cash bail.
When the jury resumed deliberations Friday morning, they asked a question about the defence of abandonment — specifically what constitutes “reasonable steps” when it comes to abandoning previously agreed participation in an offence.
In his charge to the jury on Thursday, Justice John Morrall said Sutherland could argue that he abandoned his participation in a crime that he previously agreed to take part in. To determine if this is appropriate, the jury must find the accused took steps to reverse the assistance they agreed to provide to commit the offence, and took reasonable steps to cancel out their role.
During the trial, Beaven implied his client took these steps when he told the people in his King George neighbourhood garage to leave.
In response to their question, Morrall called the jury back and presented them with case law from the Supreme Court of Canada.
The ruling states the evidence must show there was an intention to abandon involvement along with timely communication. The communication must serve “unequivocal notice” while the accused must also take “reasonable” steps to cancel out their participation.
Morrall said the Supreme Court decision makes it clear every case is different and needs to evaluated independently.
“What is reasonable and proportional will depend on the particular circumstances of the case,” he said.
Sutherland wore a suit and appeared relaxed throughout proceedings, at times speaking with people in the gallery. While Morrall gave the jury instructions, Sutherland followed along with his own written copy of the 80-page document.
During closing arguments, Crown prosecutor William Burge argued Sutherland was an active participant in what happened to Gallagher, while Beaven argued his client did all the law required of him when he asked the group of people holding Gallagher to leave his garage.
Jurors were told Gallagher came to the garage when Cheyann Peeteetuce contacted her to buy drugs.
She testified that Sutherland was in the garage with other people who were using drugs and drinking alcohol. However, when asked about what happened to Gallagher or about her own role in what happened, Peeteetuce claimed she couldn’t remember due to intoxication. She also said she couldn’t identify Sutherland in the courtroom.
Robert “Bobby” Thomas testified Sutherland told him he “got” Gallagher “back for him” and that Thomas noticed the victim looked “beat up.” He also said Sutherland was asked if his garage could be used to “question” Gallagher about a previous attack on Thomas.
Previous cases
Nine people were originally charged in relation to Gallagher’s death. Seven of them were sentenced.
Jessica Faye Badger and John Wayne Sanderson pleaded guilty to offering an indignity to human remains for their role in throwing Gallagher’s body in the South Saskatchewan River. Sanderson was given a three-year sentence while Badger was handed a conditional sentence for two years less a day followed by 18 months of probation.
Ernest Vernon Whitehead, who was set to testify at Sutherland’s trial but couldn’t be located, also pleaded guilty to offering an indignity to human remains. He was sentenced to just over two years.
Peeteetuce and Summer Sky Henry were both originally charged with first-degree murder. They both pleaded guilty to the lesser charge of manslaughter. Both received seven-year prison sentences.
Thomas pleaded guilty to second-degree murder and was given a life sentence with no chance of parole for 18 years.
Thomas Richard Sutherland and Robin Tyler John had their charges stayed.
