Joseph D’Arcy Schluter (“Schluter”) pleaded guilty to a reduced charge of 2nd-degree murder and was sentenced to life in prison in the shooting death of Cindy Enger (“Enger”).
Schluter admitted to fatally shooting Enger in the head 8 times with a .22 calibre firearm on January 22, 2016 after she begged him to kill her.
Both Schluter and Enger expressed their love for each other in a cellphone video taken just minutes before Enger’s death. Enger faced the camera and admitted she wanted to end her life due to pain. Schluter can be heard off-camera telling her that he loves her and Enger replied that she loves him too.
On January 24, 2016, police were called to Enger’s home by her ex-husband after he tried for two days to drop off their son at her home. When there was no response, police forced their way inside Enger’s home and discovered that she was dead.
The Crown prosecutor read an agreed statement of facts in Court before Justice Alan Macleod. According to the statement, Enger had suffered from chronic pain possibly related to a car accident. She had attempted suicide on one previous occasion, but was not successful.
Schluter and Enger had previously dated and then began spending time together again as friends in December, 2015. On numerous occasions, Enger tried to convince Schluter to kill her and make it look like an unsolved homicide. Schluter refused and tried to change Enger’s mind.
Schluter first brought a gun to Enger’s home on January 8, 2016, but he was not able to carry out the plan that they had come up with. Enger continued to beg Schluter to end her life.
On January 22, 2016 on his way to see Enger, Schluter stopped to buy a movie ticket as an alibi. When he arrived at her home, he continued to try to convince Enger to abandon the plan. They proceeded to her laundry room where Schluter inserted ear plugs, said a prayer, and proceeded to shoot Enger in the back of the head several times. Then Schluter vacated the premises, drove to his father’s home and burned his clothing and put the gun away.
Schluter pleaded guilty to second-degree murder after a plea deal was reached between the Crown prosecutor and Schluter’s lawyer. The two lawyers proposed a life sentence without parole for a period of 10 years. The Judge accepted these terms.
In his sentencing submissions, defence lawyer Steve Wojick submitted that this “ is not a case of hate, it is not a case of revenge, it is not a case of jealousy, it is not a case of monetary gain.”
Crown prosecutor Mike Ewenson was sympathetic to the situation that Schluter was in, but felt that he should have reached out for help and sought assistance.
Justice Macleod called the case “a very tragic, tragic event”.
WHAT IS MURDER?
In Canada, there is no offence more serious than an allegation of homicide. This offence carries with it some of the most serious penalties available, if convicted. Homicide is defined in section 222 of the Criminal Code as follows:
222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
According to the Criminal Code, culpable homicide is murder when the person who causes the death either means to cause death or means to cause bodily harm knowing that it is likely to cause death (section 229).
First degree murder is premeditated. In order to be convicted of first degree murder, Crown prosecutors must prove that the accused took the life of another in the following situations:
- When it is planned and deliberate;
- When a police officer or prison worker is murdered; or
- When it occurs during the commission of certain offences, such as sexual assault, kidnapping, hijacking, terrorism, intimidation or certain gang-related activities.
According to the Criminal Code, second degree murder is defined as all other murder other than first degree murder. Second degree murder is a deliberate killing that occurs without planning.
Anyone convicted of murder, in any degree, must be sentenced to imprisonment for life. An adult convicted of second degree murder typically serves prison time of 10 years to 25 years until he/she is eligible for parole, which is at the discretion of the judge. This can be found codified in section 745 of the Criminal Code.
Following time served in prison on a sentence for murder, the individual will continue to report to a parole officer for the rest of his/her life. If any of the conditions set by the court for release on parole are not met, there is no hearing and the individual will return to jail.
If you require a lawyer for any type of homicide offence, or any other serious criminal charge, the lawyers at Affleck & Barrison LLP can help. Contact our office online or at 905-404-1947 to speak with one of our experienced lawyers who can handle your case. We have a 24-hour phone service to protect your rights and to ensure that you have access to justice at all times.