Sentencing will be held at noon today for a Consort rancher convicted of second-degree murder in Red Deer Court of Queen’s Bench on Thursday.
A jury of six women and five men did not accept John Wayne Mock’s defence that he had suffered a mental breakdown on Feb. 22, 2012, when he fired three rounds from a .45-calibre revolver into his brother’s body after a brief round of fisticuffs in the family home, northeast of Consort.
Court heard that Mock, now 36, followed his fleeing brother into the master bedroom and shot him through the shoulder. Timothy James Mock, 33, spun around after the first bullet was fired and was shot two more times.
To his credit, John Mock immediately realized what he had done and attempted to resuscitate his dying brother before calling family members and 911 for help, said Crown prosecutor Anders Quist.
Defence counsel Darren Mahoney of Calgary had called upon a series of witnesses to testify to his client’s mental state, stating that Mock, diagnosed years earlier with bipolar disorder, had suffered a mental breakdown as a result of recent stresses.
They include his mother’s death, the hospitalization of his father and responsibilities for the care of his brother and the farm.
Mahoney argued that Mock was not criminally responsible for the shooting as a result of a mental disorder, telling members of the jury that, if they could not accept that defence, they had the option of finding his client guilty of manslaughter.
Justice Kirk Sisson told members of the jury that Mock could also be acquitted if they believed that the shooting was accidental.
Their finding of guilt means that Mock will automatically receive a life sentence for his actions. Today’s hearing will determine how long he must wait before he is eligible for parole.
Members of the jury declined Sisson’s invitation to make a recommendation for Mock’s parole eligibility.
Sisson is to hear submissions from the Crown and defence today, as well as read a number of statements provided by victims of the killing. He has the option of leaving parole eligibility at 10 years or increasing it up to the maximum of 25 years.
bkossowan@www.reddeeradvocate.com