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Walter Geering climbs the stairs to the Court of Kings Bench. (Julia Lovett-Squires/battlefordsNOW Staff)
Crime

Geering sentencing decision adjourned to December

Oct 4, 2024 | 7:06 PM

Facing Justice Daryl Labach, a man responsible for the death of his mother rose from his seat in the prisoner’s box and spoke softly of his contrition.

“I’m just sorry for my whole family, that I put them through this,” said Walter Geering.

After a delay in the proceedings in his sentencing hearing at Court of King’s Bench in Battleford for the June 2022 death of his 72-year-old mother Beatrice Geering, and as family sat quietly looking on from the gallery, Labach began with a few housekeeping items, including the decision not to read out the victim impact statement.

Geering had originally been charged with second-degree murder but later pled guilty to the lesser charge of manslaughter this spring as mental health was a factor in the situation and a decision to forgo a trial and go straight to sentencing by judge alone was made. It has been contested by the defence.

Crown Prosecutor Brynn Achtymichuk opened with the Crown’s recommendations, noting they are looking for eight years less the time he has been in custody. As Geering was arrested on June., 22, 2022, it would work out to four years and 205 days. They are also seeking a 10-year firearm prohibition and a DNA order.

Speaking to the Justice, Achtymichuk said it was Labach’s task to impose “an appropriate sentence balancing Mr. Geering’s situation, there’s significant mental illness in play as per his psychiatric reports,” he said.

He explained they needed to think about denunciation, deterrents, separating offenders from society, rehabilitation and ultimately helping Gerring take responsibility.

The events leading up to his mother’s death in her home stemmed from trying to help her then 46-year-old son get help as he suffers from Schizophrenia.

He had been living with his parents and had gotten into an argument with his mother after they had received concerning reports from family members that he was struggling.

According to Jonathan Bodvarson, council for the defence, Geering had suffered a psychotic break in the months leading up to the incident and he didn’t know he had the diagnosis. Then he took off.

“He’s kind of freaking out, he’s driving to his sister’s place in Vancouver acting weird and it seems like crying out for help,” he said, noting he was paranoid.

“Then he leaves in the middle of the night, he then drives to (Prince Albert) to see his auntie,” added Bodvarson of the similar experience.

Following his return to his parent’s place after his journey, a tense conversation in the garage with his parents took place and Geering got frustrated and went downstairs to the basement to get away from the conversation.

“His mom follows him downstairs,” he said.

While it is unknown what happened in the basement, the lawyer made clear that his client, didn’t bring a weapon with him though a rifle was nearby.

“He must have grabbed it and then used it as a weapon,” he said of the moment when, on that June day, reacted and assaulted his mother by striking her twice with the butt end of a rifle to the face, followed by a strike to the chest, killing her.

Beatrice Geering (Eternal Memories Funeral Service and Crematorium/Website)

Achtymichuk said the fact pattern suggests a “near murder case” though considers the mental illness and Labach pushed back.

“He didn’t actually shoot her,” he said.

“No,” came Achtymichuk’s reply.

“He assaulted her with the but end of the rifle, he struck her,” continued the Justice.

“Yes.”

“And you think this is closer to near murder?”

Achtymichuk said he believed that the two strikes and given Geering’s physical size and the fact his mother was 72 years-old and unarmed went towards intent.

“If he was just upset that his mother and father were suggesting that he get…treatment and he just reacted inappropriately, I mean isn’t that what manslaughter is,” asked Labach.

“To a point until the intention of having disregard of how much damage you’re doing to someone,” the lawyer replied.

“Yeah, no, I understand that, but you accepted a guilty plea to manslaughter so you’re accepting that he didn’t mean to do what he did.”

Not wishing to downplay the serious nature of the issue at hand, Labach said it struck him that it was a case where the son, now 48, just lost his temper and reacted inappropriately “given his reduced mental capacity.”

Meanwhile, according to the psychiatric reports and the agreed statement of facts, he spoke about delusions of thinking his mother was a pedophile and touching his then infant son, and Achtymichuk said he chose to act of those false beliefs.

As the sentence is contested, the defence is countering with a term of five years minus time served equaling to roughly 1.5 years and would allow him to be put on probation. Through that probation, they could continue to get him support and treatment. He would be expected to abstain from drugs and alcohol, have an addictions assessment, six-month curfew and live in an approved residence. There would also be a no contact order with his sister unless his sister initiates contact, or it’s ordered by the court through family law proceedings – as Geering’s sister has his son and there are discussions of adoption or custody.

Speaking to the Justice, Bodvarson spoke about the path that led Geering to the Saskatchewan Hospital and then to that solitary box in the Battleford courtroom.

He grew up in rural Alberta where, like many teens, got into alcohol and drugs. Eventually, he moved to North Battleford where his parents lived to be closer to them and get treatment for alcohol addictions.

Bodvarson explained that while his client had a few unsuccessful relationships, he did work hard most of his life, owned property but got in over his head in some situations and didn’t deal with his emotions and said his cannabis use may have been a factor, though at the time of his mother’s death, he wasn’t using.

The lawyer also pointed out another reality, he is now alone.

“He’s lost his mom, he’s also lost his family,” Bodvarson said, noting there has been no communication from any of his family members.

Since his time in the psychiatric hospital, the lawyer said he acknowledges he should have gotten help for his stress and emotional issues, has worked with a number of professionals and is now working with a regular psychiatrist and thus the defence’s recommendations.

“I’m sure that he’s doing well there,” said Labach to Bodvarson.

“Let’s just say I accept what you say, but is that a reason to give him a lesser sentence then he otherwise may be intitled to because he’s just doing well where he is?”

Labach said he doesn’t have a crystal ball and noted while he is doing well in hospital now, he’s unsure what will happen if he gets back out into the community.

“I suppose that we all have to take a leap of faith you know. I mean, nobody’s asking me to send him to jail indeterminately here,” he said.

Calling the case unique, the Justice has reserved his decision until Fri., Dec. 20.

julia.lovettsquires@pattisonmedia.com

On X: jls194864

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