Mirasty sentencing hearing underway after previous guilty plea to manslaughter

In the agreed statement of facts, the court heard Wednesday that Mooswa and Mirasty, who were in a relationship, got into an argument at their apartment in North Battleford after coming back from a round dance they attended March 7, 2020.

There were other family and friends present at the time in the apartment.

Mirasty and Mooswa were said to have been drinking at the time.

The court heard that during the argument Mooswa told Mirasty she cheated on him and scratched him. Then, Mirasty became enraged and kicked Mooswa on the head and stomped on her with his foot.

Mirasty told the others to leave.

Mirasty then punched the wall in the hallway of the building, but when he stepped outside the apartment the door closed behind. So he went to his neighbour/friend’s for help to get back in.

At one point in the early morning, the RCMP received a noise complaint and came to Mirasty’s apartment but no one answered. The officer gave a warning and left.

Later, Mirasty went to the neighbour’s again to ask for a ride to Poundmaker. He told him his girlfriend was cheating, and when he awoke she was dead.

An area of contention in the case, the Crown prosecutor said there were aggravating factors from the details of the autopsy report. He said the agreed statement of facts implied there were two assaults — one in the kitchen and later one in the bedroom, while the defence said there was only one assault. The defence said there was no other assault other than in the kitchen that was indicated in the statement.

The statement of facts indicated no weapon was used, other than Mirasty’s hands and foot.

Autopsy concerning

The Crown said the autopsy indicated there were injuries to Mooswa’s cervical spine, head, torso and face — the result of blunt force injury. Of added concern, the Crown said as well there were several abrasions to the victim’s external genitalia.

“That is most disturbing…,” Bartlett said, “as an assault on a domestic partner.”

The Crown said while Mirasty gave Mooswa CPR, he did not call for medical help when his girlfriend was injured.

The Crown added when the RCMP attended the apartment for the noise complaint there may have been an opportunity to get help then.

“Help was available,” the Crown said.

Crown prosecutor Bartlett recommended a 12-year jail sentence, which he said was at the high end for this type of case. The defence suggested a sentence from 6 to 8 years.

The Defence pointed to Gladue factors and challenges with substance abuse for the accused.

“It’s a tragedy that Miss Mooswa’s family have to endure,” Nolin said, adding that Mirasty takes full responsibility for his actions.

“But for the extreme ingestion of alcohol we wouldn’t be here,” Nolin said. “That’s not an excuse; it’s an explanation. It shouldn’t have happened.”

He said Mirasty attempted to take his life twice in jail and is under care for anxiety and depression.

When Mirasty addressed the court he said he is sorry.

“I cannot take back what I did. Now I have to live with it,” he said.

The Mooswa family were emotional giving their victim impact statements.

In giving her statement, Jennifer Nicotine, Mooswa’s cousin, said Mooswa’s sister Colleen lost her life to suicide because she was so distraught at Mooswa’s death.

Nicotine said Mooswa “her baby cousin” was murdered by the person who was supposed to be her protector.

“She was taken from us, so brutally. He meant to hurt her. Domestic abuse has to stop,” she said.

“I cannot forgive you,” Nicotine went on to say to Mirasty. “Get help for your anger and addictions.”

–

Angela.Brown@pattisonmedia.com

On Twitter: @battlefordsnow

by battlefordsNOW Staff

Mirasty sentencing hearing underway after previous guilty plea to manslaughter

What's Trending