Convicted murderer David Folker to serve 15 years before being allowed to apply for parole

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Convicted murderer David Folker will have to serve 15 years in prison before he is eligible to apply for parole, a Newfoundland Supreme Court justice ordered today in St. John’s.

Folker, 43, was found guilty on Nov. 8 of second-degree murder in the death of Ann Marie Shirran, his young son's mother. He was also found guilty of committing an indignity to her body, for which he was sentenced to 3-1/2 years to run concurrently with the 15-year-sentence.

The conviction followed a lengthy trial in before a Newfouundland Supreme Court jury. Shirran was murdered in July 2010. Her body was found in September of that year, in a wooded area of the Southern Shore community of Cappahayden.

Shirran's father hoped for longer sentence

Shirran's father Jon Baggs told reporters after the decision, 15 years is a long time, but he was hoping for at least 18 to 20 years.

"It doesn't mean he'll get out in 15 years," he said. "I'd like to see them doing scaffolding here today, but that's not in the books anymore, so I've got to accept it."

Baggs said the images he saw in court from Cappahayden where his daughter's body was dumped will never go away so "there's no closure in that."

He said his other daughter is having a really hard time dealing her sister's death.

Mandatory sentence would be life in prison

The mandatory sentence for second-degree murder is life in prison.

The only issue before the court had been to determine how long Folker had to serve in prison before he would be eligible to apply for parole. The minimum by law is 10 years.

At the sentencing hearing, the Crown recommended Folker be ordered to wait 18 years before being allowed to apply for parole. The defence suggested 12-14 years.

Of the 12 jury members, half of them recommended Folker not be eligible for parole for 20 years. Three recommended 25 years, one said 17 years and two suggested 18 years.

Today Justice Wayne Dymond said that whatever the length of time Folker serves, it won’t bring back Shirran.

Aggravating factors include that it was a violent death, caused by substantial force. The couple had a small child at the time of Shirran's death and it was also a breach of trust in that people usually trust that their partners won't harm them.

Dymond said also, the fact Folker left Shirran’s body to be ravaged by animals goes to a lack of remorse.

Dymond told Folker he will be in his late 50s if he is successful in getting parole after 15 years.

"You will have time to reflect on what you have done and hopefully you will do something to help alleviate the grief and pain you have caused both families in this tragic case," Dymond said.

Folker will have to provide mandatory DNA samples and is banned from owning any weapons or explosives.

 

 

 

 

 

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Recent comments

  • Bonita
    December 18, 2013 - 03:19

    He kills her, let's animals tear her apart, and only gets, 15 yearS... ONLY in Canada. We really need a restructuring of the justice system. .... This is an animal ,,,,,,,,, and should not see a the light of day again in his life time.....

  • leo quilty
    December 17, 2013 - 13:37

    what this judge is doing is putting it in the hands of the parole board bad disiescon

  • Maverick
    December 17, 2013 - 10:45

    Justice Dymond you are kidding right. If the Jury all decided at leat 18 years before parole why give him 15???? Seriously to say whatever time he gets wont bring Ann Marie Shirran back.....YA THINK!!!!! But it will at least give the family some justification that the ultimate punishment was served for the crime. a word to all of our judges how about starting to use the law to punish the criminals dont help them cause thats all you all are doing and quite frankly the public is sick of it. Go kill a moose lose everything you got but murder someone intentionally or by kill someone by drunk driving and see our wonderful judges give the convicted the least sentence they can. I am sick of saying what a farce our justice system is.... A FARCE!!!!! How can you people sleep at night.....

    • lynn
      December 17, 2013 - 10:57

      Well said Maverick.I couldnt agree more.

    • Joe
      December 17, 2013 - 20:26

      First of all, Justice Dymond gave him the sentence he had to: life. Second of all, 15 years to even get a kick at the can for parole (and that's no guarantee) is hardly "the least" of anything. Justice Dymond is required to consider a number of factors in coming to that decision (as the story points out). I understand people being angry, but don't lose perspective. This is a justice system we have here, not a revenge system.

  • Maverick
    December 17, 2013 - 10:44

    Justice Dymond you are kidding right. If the Jury all decided at leat 18 years before parole why give him 15???? Seriously to say whatever time he gets wont bring Ann Marie Shirran back.....YA THINK!!!!! But it will at least give the family some justification that the ultimate punishment was served for the crime. a word to all of our judges how about starting to use the law to punish the criminals dont help them cause thats all you all are doing and quite frankly the public is sick of it. Go kill a moose lose everything you got but murder someone intentionally or by kill someone by drunk driving and see our wonderful judges give the convicted the least sentence they can. I am sick of saying what a farce our justice system is.... A FARCE!!!!! How can you people sleep at night.....

  • Edmund
    December 17, 2013 - 09:39

    He should have been given LIFE for the dispicable act of murder and disrespect for the victime body. Our judges must get tougher on these cowardly criminals.

    • Rob
      December 17, 2013 - 10:35

      His sentence was life in prison. The decision today was only how much time he must serve before being allowed to apply for parole. That doesn't mean he will be granted parole in 15 years. Instead, that is a decision for the Parole Board when the application is made in 15 years time. Judges are bound by the law. They can not just give a sentence that is out of line with the legislation and the sentences handed down in other similar cases.

    • bud
      December 17, 2013 - 10:54

      It was reported today that he did indeed get life with a chance of parole in 15 yrs.