EDMONTON — Lawyers for two men convicted for their role in the deaths of four Mounties argued Wednesday that their clients were the subject of “savage and vengeful” prison sentences.
Dennis Cheeseman and Shawn Hennessey were acting in terror of killer James Roszko the night that they gave him a ride to his fatal rendezvous with police and don’t deserve their respective sentences of 12 and 15 years, the lawyers told the Alberta Court of Appeal.
“Twelve years is a savage and vengeful sentence which is unfit on its face,” said Peter Royal, who is acting for Cheeseman.
Hennessey’s lawyer, Hersh Wolch, agreed.
“My client is a decent, good young man,” he said. “One night, his choices were bad under duress and intimidation. It doesn’t call for 15 years.”
But prosecutor Susan Hughson said that despite their fear of Roszko, both had ample opportunity to warn police that the killer was preparing an ambush.
“They needed to put their self-interest against the fact that somebody could eventually get killed,” she said.
“When push comes to shove, you have to do something. You have to do the right thing.”
The Appeal Court judges reserved their ruling. They will release a written decision, but a date for that wasn’t set.
Hennessey and Cheeseman pleaded guilty to manslaughter for helping Roszko before he shot the four officers on March 3, 2005, near Mayerthorpe, Alta. They gave Roszko a rifle and a ride to the edge of his farm where officers were guarding a marijuana grow operation and chop shop until investigators arrived. He had shown up at Hennessey’s house earlier in the day.
Court heard that Roszko had had run-ins with the law for years and was particularly angry with the RCMP that night.
Hours later, he gunned down Brock Myrol, 29; Anthony Gordon, 28; Leo Johnston, 32; and Peter Schiemann, 25. Only Johnston managed to return fire. Roszko then killed himself after being wounded in a shootout with another officer.
According to a statement of facts, Hennessey, 30, said he helped Roszko because he was part of the marijuana grow-op. Cheeseman, 26, helped because he was Hennessey’s brother-in-law.
Royal argued that Cheeseman was a bystander under the sway of his brother-in-law.
“He was going along with his brother-in-law, helping out his brother-in-law,” Royal told the panel of three judges before a full and attentive court. “Cheeseman is a man of weak personality.”
Royal pointed out it was Cheeseman who said, after they had dropped off the heavily armed and camouflaged Roszko in the early-morning dark, that they call police and warn them. Hennessey overruled the suggestion.
Royal suggested that a sentence of six to eight years would be more appropriate.
Wolch put forth that the original judge allowed his revulsion for Roszko’s crime to influence sentencing. He noted that the judge had to call a break during the trial as victim impact statements were read out to compose himself.
The judge ruled Hennessey was acting out of self-interest because he was trying to cover up his role selling marijuana grown by Roszko. In reality, said Wolch, Hennessey just wanted Roszko out of his house and away from his family.
“Fear is fear,” the lawyer said. “Retribution was expected. This was a man with a young family.”
Hughson countered by saying that Hennessey asked for Cheeseman’s help because he was afraid of being connected to Roszko’s grow-op, not because he was afraid of Roszko.
“Hennessey says, ’I need your help because the RCMP are on Roszko’s property,”’ she said. “It’s Hennessey that is suggesting that he personally needs Cheeseman’s help.”
And, by helping Hennessey, Cheeseman was helping Roszko, she said.
Justice Peter Martin asked why Hennessey didn’t want to call police during the hours before the shootings when Roszko was stalking the doomed officers.
“Mr. Cheeseman said, ’Let’s do this’ and Mr. Hennessey said, ’No,’ and as a consequence, four men died.
“How far does cowardice take us? Cowardice is not a defence.”
Although he declined to specify what sentence his client is seeking, Wolch argued 15 years is out of proportion to Hennessey’s guilt.
“Nobody takes away from the tragedy but the sentence is disproportionate,” he said.
After credit for his guilty plea and pre-trial custody, Cheeseman is serving a total of seven years, two months and 15 days, but is eligible for full parole next June.
Hennessey was granted similar credits for total prison time of 10 years, fours months and 15 days. Full parole, if granted, would start on July 15, 2012.