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| Last updated at 8:45 AM on 18/07/08 |
'It's not enough' 
Mother of man beaten to death believes sentence for Wheadon too lenient
ROSIE GILLINGHAM
The Telegram
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| Carolyn Sooley, Richard Brace's mother, and Ellis Sooley, Brace's stepfather, speak with reporters outside Newfoundland Supreme Court in St. John's Thursday following the sentencing of Ashley Wheadon. - Photo by Rosie Gillingham/The Telegram |
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It was a conviction, but Carolyn Sooley had a hard time seeing the justice in it.
"It's not fair. It's not enough," she said Thursday after Ashley Wheadon, the woman who instigated the beating death of Sooley's son, was given a two-year conditional sentence with three years' probation. "A few years of not having your freedom is a far cry from a dark hole," Sooley added before breaking down in tears.
Fifteen minutes after Wheadon left the courtroom at Newfoundland Supreme Court in St. John's, Sooley was still inside, too emotional to face reporters. After momentarily gathering herself together, she emerged and made her way outside and down the front steps with the help of her husband, Ellis Sooley.
"There's no justice," she said. "(There is) for criminals, not for victims."
The sentence, rendered by Justice Lois Hoegg, was in line with what had been jointly suggested by Wheadon's lawyers, Bill Collins and Mike King, and Crown prosecutor Nick Westera.
Wheadon, 22, pleaded guilty to manslaughter for her role in the 2005 beating death of her boyfriend, Richard Brace of Green's Harbour.
Wheadon admitted she encouraged David Ryan and another man, who was a youth at the time, to attack Brace on July 1, 2005, as he lay in bed in the group's house in Carbonear.
With Wheadon screaming to incite the beating, the men punched and kicked Brace repeatedly.
Wheadon was upset with Brace, suspecting he had cheated on her and stolen $35 of her money.
The badly beaten Brace was discovered by a woman visiting the house the next morning.
He was barely breathing. The 29-year-old was declared brain dead at hospital and died three days later of a hemorrhage.
"While Miss Wheadon threw no punches," the judge said during sentencing, "her role cannot be described as minimal."
However, the judge took into consideration Wheadon's young age at the time of the offence, her lack of criminal record and the fact she's made efforts to rehabilitate herself and overcome the "insurmountable obstacles in her life."
Evidence in court revealed that Wheadon had endured physical, sexual and emotional abuse as a child.
"A prison term is not necessary to achieve objectives in this case," Hoegg said, calling the sentence "reasonable in these circumstances."
After Wheadon was released from jail in April 2006 after spending 10 months in custody , she gave birth to a son and has participated in various programs in an effort to change her life.
In court Wednesday, she read a statement apologizing and offering sympathy to Brace's family, which the judge also took into consideration.
"The killing of Richard Brace was brutal and senseless," Hoegg said, "but ... she has expressed remorse, which I found sincere."
Under the conditions of Wheadon's sentence, she must stay at her residence except to attend medical and dental appointments, counselling, school or work. She's permitted two hours of exercise a day and an hour a week for shopping and/or banking.
She must have a land-line telephone so that she can be monitored electronically, avoid alcohol and drugs, participate in recommended programs and not possess a weapon.
She was also ordered to stay away from David Ryan and the youth involved in the case, as well as any member of Brace's family.
She must submit a DNA sample and is banned from owning weapons for 15 years.
Hoegg concluded the case by acknowledging "two brave women."
The first was Brace's mother, "who has had to suffer the grief of burying a child. ... She was brave to come here today ... and I thank you for doing so."
The second was Wheadon.
"Miss Wheadon," Hoegg said, "I commend you for taking responsibility and taking steps to help you overcome the difficulties you've had in your life."
That meant little to Sooley, who pointed out her son would never get the same chance.
"Yeah, maybe so," Sooley said of Wheadon's endeavours to rehabilitate herself, "but it's going to be at my son's expense, isn't it? His life."
Sooley was even less impressed with Wheadon's apology.
"(Too) little, too late," she said.
"Maybe it would've meant a little more, her apology, if it had been three years ago instead of now, when she's trying to make herself look better, as far as I'm concerned."
Wheadon's sentencing was the final chapter in what was a horrible three years for Brace's family.
Last year, Ryan, 48, was found guilty of second-degree murder and sentenced to life in prison, with no eligibility of parole for 16 years.
The youth was convicted of manslaughter and received a three-year youth term, which is being served at the Whitbourne youth facility.
"I feel better now that it's all over," Sooley said, "but it's just all over for being here (in court.)
"It'll never be over - never."
rgillingham@thetelegram.com
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18/07/08
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Carlson from NL writes: The Canadian justice system is a joke! This woman ordered two men to beat her boyfriend because she thought he had cheated on her and stolen $35 dollars from her...now he is dead and she will be walking around freely after 2 years in prison and 3 years probation. To use the excuse that she was abused and assaulted as a child is ridiculous. It's sad that she had a terrible childhood, but that doesn't give her the right to kill somebody and pretty much get away with it. I am sorry for Mr. Brace's family.
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| Posted 18/07/2008 at 8:52 AM | Alert an Editor | Link to comment |
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Mark from Mount Pearl, NL writes: Remember when we were kids before christmas time. if ever we acted out our parents would say, ''Now if you're not good, Santa would bring you anything''. After that we would behave as well possible.
Amazing how this ''person'' - I'm not really sure if she qualifies for that title anymore has used the exact same methodology and ever since she was arrested has been acting as well-behaved as possible in hopes of convincing the justice system that she has been a good little girl and deserves a light sentence.
What a joke!
There is a bright side to this. Wherever she lives, whereever she goes, she will be forever ostracized from decent people and will forever have to hide her face in shame and live in the shadows for the rest of her life because no one with half a brain will want nothing to do with her.
The NL Justice might not have gotten her but I think it's pretty safe to assume she public shame and humiliation for life will grant some form of justice.
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| Posted 18/07/2008 at 9:02 AM | Alert an Editor | Link to comment |
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Tracey H from NL writes: Come on give me a break.....they wonder why the crime rate has increased...maybe it has something to do with the lack of a justice system. I mean really,,,,you partake in the killing of a young man and get two years house arrest..but time to go shopping.....last week someone stole a vehicle from a dealership and then stole gas from a gas station.....his sentence was to stay away from dealerships on kenmount rd......NL dosent need a YUK YUKS club while we still have this pathetic justice system in place....if someone wants a laugh just read the verdicts people are receiving these days cause they are the biggest jokes around. That poor mother now has to live knowing that Wheaton is out in public like nothing ever happened and could even run into her at the Bank .......the system is ridiculous to say the least.....and then they say it was taken into consideration that this was her first offense,,,I mean come on she didnt steal a candy bar,,,,she was involved in the murder of someone....quite a way to start a life of crime if you ask me. Really makes me feel safe knowing that killers now get the bracelet.....LOL......words cannot describe the lack of compassion or justice handed down in the sentencing of this person.....she should have been locked away...even still that is not going to bring back that young man to his family but at least they wouldnt have to worry about going out shopping and running into her then...
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| Posted 18/07/2008 at 9:09 AM | Alert an Editor | Link to comment |
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Anonymous from NL writes: I too, think her sentence of house arrest is dispicable & disgrceful. She may not have 'thrown any punches', yet she stood by, provoked & allowed the beating of another human being? NOt to mention all because of $35?! Where is the justice here? It is a valid statement that the justice system apparently works for the criminals & certainly not the victims. It is unfortunate that Ms. Wheadon had a troubled childhood, yet does that make it morally acceptable for all abuse victims or people with tough pasts & childhoods to run around stealing & killing? If so, we have one confused world and perhaps the do unto others rule should apply and retribution for the victim's family would be to stand back while Ms Wheadon receives the same physical beatings as the victim?
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| Posted 18/07/2008 at 9:26 AM | Alert an Editor | Link to comment |
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brian from n writes: Ashley Wheadon found herself in a situation that she didn't like and with tears in her eyes convinced everyone involved in the case that she was suddenly reformed. Okay, so she had a hard childhood, so what? Lots of people have had harder childhoods than her but they haven't killed anyone. The fact remains that she is responsible for the murder of an innocent man and destroyed the lives of two loving parents and his family.
While Mr. and Mrs. Ellis are trying to make sense of this injustice and move on with their lives, Ms. Wheadon will be taking exercise classes in the evenings and enjoying pizza while watching American Idol in the comfort of her home.
Shame on our so called justice system and may the ghosts of this case haunt all those involved in this injustice as they try to sleep each night.
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| Posted 18/07/2008 at 9:34 AM | Alert an Editor | Link to comment |
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A Willis from Mt. Perl, Nfld. writes: I really am sad for the Brace Family. A mother lost a dearly beloved son and the killer is getting off scot free because she has shown some signs of rehabilitation and remorse. The suffering this poor soul must have endured at the hands of this person is going unrecognized and unpunished.
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| Posted 18/07/2008 at 9:47 AM | Alert an Editor | Link to comment |
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A from NL writes: Okay, so she had a hard childhood, so what? Lots of people have had harder childhoods than her but they haven't killed anyone. I don't think that's your place to decide. We don't know the whole story. In fact, we only know the few details that have been released to the public. You can see it in her face that this young girl has been through a world of pain that most will never see or experience. It is not our place to decide whether or not someone's life was difficult and what effect it had on them.
The courts have made a decision, and in this case, I support it whole-heartedly. When both sides of a case agree on a light sentence, there must be a reason. She has obviously made great strides in improving her life to become a productive member of society, that were not just for show. I don't believe that the destruction of two lives is justice for the loss of one. What happened was terrible, and my condolences to the Brace family, I hope they are able to come to terms with their loss. However, my thoughts are also with this 22 year old girl who made a drunken mistake and now has to live in our society with people like those on this board for the rest of her life.
Let's not forget that she was really only a child at the time of the incident... only 19, on drugs and alcohol and not of right mind.
Judge not, that ye be not judged. For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again
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| Posted 18/07/2008 at 10:29 AM | Alert an Editor | Link to comment |
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Kathie from USA writes: The justice system in Canada is a joke. The laws protect the criminals rights and not the victims of their crimes. I think we all saw that with Karla Homolka, but the process to change the laws is a hard one but it has to be done soon. The families that lose their loved ones need justice and isn't it ironic the justice system never gives it to them.
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| Posted 18/07/2008 at 10:32 AM | Alert an Editor | Link to comment |
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Ron from st. john's, nl writes: You know, part of what supposedly comes into consideration in sentencing is public perception and the public's faith in the judicial system. I would think that with this sentencing, the public should lose almost all faith in our so called system of justice.
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| Posted 18/07/2008 at 10:33 AM | Alert an Editor | Link to comment |
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mainlander from on writes: This is another example of how Canada has a legal system, not a justice system. There is no justice here.
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| Posted 18/07/2008 at 10:38 AM | Alert an Editor | Link to comment |
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mary from nl. writes: Really sad for mr. & mrs. Sooley & family. I pray to God that ms. wheadons son is in the care & watchful eye of child services!!! Only time will tell if full rehabilitation is possible for this person. What a cruel & senseless act to inflict on a human being asleep in bed...very sad...
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| Posted 18/07/2008 at 10:47 AM | Alert an Editor | Link to comment |
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Deanna from NL writes: The justice system is very out of wack & should be cleaned up. This girl wasn't a child she knew what was happening & no matter what she endured as a child doesn't make this ok. She has too much freedom now, its a real big joke. I feel so sorry for the Brace family, my thoughts & prayers are with you all.
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| Posted 18/07/2008 at 11:02 AM | Alert an Editor | Link to comment |
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Carlson from NL writes: A from NL writes, The courts have made a decision, and in this case, I support it whole-heartedly. It's nice to know that if Mr. Brace was A's son, brother, or husband, she would be satisfied with the sentence the girl got. The moral of the whole thing is that if you want to do something illegal you should get drunk, smoke a draw, and tell people you have had a hard life. Being drunk, stoned, or having a bad life is no excuse for committing any crime, let alone murder.
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| Posted 18/07/2008 at 11:22 AM | Alert an Editor | Link to comment |
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Carlson from NL writes: I wonder if A from NL agrees with David Ryan's sentence??? I geuss not since he was drunk and stoned as well. Why is it okay for him to get life with no chance for parole for 16 years? I'd like to hear A from NL's thoughts on his sentence.
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| Posted 18/07/2008 at 11:25 AM | Alert an Editor | Link to comment |
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Ruth from Ontario writes: Someone wrote that she was young when she instigated the beating that led to this young mans death Yes she had a hard childhood Well so did I and many more I was pregnant at a young age-married and a mother at 19-- But it never occurred to me to kill someone because I had issues--C'mon Even Jerry Springer once said if you're smart enough to know you are abused-you are smart enough to do something about it Please the court system needs revamping to say the least!
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| Posted 18/07/2008 at 11:25 AM | Alert an Editor | Link to comment |
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Rodger Ludlow from St.Johns, NL writes: For about sixteen weeks last year I sat in the court room and heard things that I thought only happened on TV or in the movies at the David Ryan trial. For what these people did to Richard was undeniably the cruelest and most cowardly act that one could imagine. Mr. Ryan got what he deserved and it seems that he may be taking the fall for the other two. The minor pretty well walked away because he is a minor and now Ashely gets to raise her kid.
As I watched the news last night I filled up with emotion not believing what I was hearing.
I can only hope and pray for Mrs. Sooley and the rest of Richards family. There is not a day goes by that I do not think of Richard.
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| Posted 18/07/2008 at 11:27 AM | Alert an Editor | Link to comment |
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Grant from nl writes: When the news came on that a young man was killed by a hit and run driver, and they were still looking for the driver, i looked at my wife and said, 'i hope they dont catch him or her'. Thats because the victims family will be dragged through the courts and the driver will only get a slap on the wrist, and thats what happened to the churchills. now its happening again with the sooleys. Its not worth the time to bring then to court.
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| Posted 18/07/2008 at 12:02 PM | Alert an Editor | Link to comment |
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SANDY from NL writes: NL is the only provice in Canada with an INCREASE in crime rate ' all other province hace a decrease. Is our increase in crime rate caused by so-called ' mother-judges ????
Danny have a review done of sentencing done by our judges.
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| Posted 18/07/2008 at 12:16 PM | Alert an Editor | Link to comment |
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Sally NL from NL writes: To A fron NL: So we should let some higher being judge all our criminals and let them run around the streets doing as they will and hope that this higher being will punish them when they die? That sounds like an economically sound decision to me...lets just lay-off all the people in the justice system and wait for the
great being to punish these idiots! I wonder how you will feel if it is your son that she orders her next 'Hit on?
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| Posted 18/07/2008 at 12:59 PM | Alert an Editor | Link to comment |
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up4discussion from nl writes: wheadon is a bully. others, unfortunately, may copy this behaviour from her. btw, was the judge female?
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| Posted 18/07/2008 at 1:30 PM | Alert an Editor | Link to comment |
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tometoe from stjs, nl writes: mother judges says a lot for that person.Is he talking about judges who happen to be female ? I thought that mentality went out with the hoop skirt.If anything all of what we call civil society could do with more of the maternal touch. Right on your honor !
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| Posted 18/07/2008 at 2:14 PM | Alert an Editor | Link to comment |
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Ted M from St. John's, NL writes: It was only a couple of years ago when we saw the results of letting Shirley Turner, a manipulative and dangeroulsy jealous individual on the loose. I don't know how these judges sleep at night.
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| Posted 18/07/2008 at 2:21 PM | Alert an Editor | Link to comment |
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speedy from pei writes: To Carlson, where in the article do it say she got two years in prison?
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| Posted 18/07/2008 at 2:21 PM | Alert an Editor | Link to comment |
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Carlson from NL writes: Sorry Speedy I misread the article. It's now even worse than I originally thought. She should be locked up the same as David Ryan, so should the minor...he knew what he was doing. I hope and pray that her son isn't in her custody. If he is I hope he turns out better than his mother. I hope every time she looks at her son she shees Richard. She should be reminded every day of what she did.
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| Posted 18/07/2008 at 2:51 PM | Alert an Editor | Link to comment |
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up4discussion from nl writes: female judges are known to be more softhearted then their male counterparts. it goes with the territory. it is too bad they let this get in the way of their duties.
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| Posted 18/07/2008 at 3:22 PM | Alert an Editor | Link to comment |
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One Reader from NL writes: I knew Richard and he was a very friendly, kind, mild mannered person. His death was a horrible senseless evil act, and there is nothing good to come of it. He recieved a death sentence and his family recieved no justice here.
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| Posted 18/07/2008 at 3:55 PM | Alert an Editor | Link to comment |
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FYI G from St Johns, NL writes: In reference to Sandy saying the crime rate in newfoundland has gone down while NL has gone up, here are the figures as released by statscan for 2007 earlier this week:
Percent increases:
Newfoundland and Labrador +11.1%
Prince Edward Island -5.8%
Nova Scotia -6.3%
New Brunswick -0.1%
Quebec -2.8%
Ontario -3.5%
Manitoba -5.0%
Saskatchewan -0.5%
Alberta -0.7%
British Columbia -3.6%
Yukon -2.7%
Northwest Territories +10.4%
Nunavut +4.6%
Canada Overall -2.5%
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| Posted 18/07/2008 at 4:06 PM | Alert an Editor | Link to comment |
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Bill from NL writes: I feel so bad for all the families involved. So many lives destroyed. It will take years for everyone to heal. But the sentence is fair. This woman did not kill. You lynch mob people who want to kill this woman need to get some help. You have way too much anger. I would feel safer with her than with any of you.
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| Posted 18/07/2008 at 4:29 PM | Alert an Editor | Link to comment |
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Don from NL writes: What I would like to know and what I beleive to be a problem in the bigger picture of our Justice system is, where was the psychological help for Ms. Wheadon in her troubled and abused childhood? Same goes for many other murder cases, something needs to be done before hand, not after the fact.
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| Posted 18/07/2008 at 7:32 PM | Alert an Editor | Link to comment |
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GRETA from HAMILTON, ON. writes: NO THE WOMAN DID NOT KILL BUT SHE ORDERED THE KILLING. THE ONLY WINNER IN THIS CASE IS WHEADON. BUT THEN SHE HAS A LIFETIME TO BE REMINDED OF HER CRIME. HOPE THERE IS NO OTHER MAN TO CROSS HER. THE JUSTICE SYSTEM JUST OK'D HER FREEDOM. CONDOLENCES TO RICHARDS PARENTS & FAMILY.
I THINK THE WHOLE CANADIAN JUSTICE SYSTEM IS A JOKE.
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| Posted 19/07/2008 at 3:00 AM | Alert an Editor | Link to comment |
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