Second man convicted of killing a Sudbury cop granted day parole

Sudbury cop killer granted day parole Peter Pennett, one of two men convicted of the brutal 1993 murder of Sudbury Const. Joe MacDonald has been granted day parole for six months

Parole documents obtained by CTV News reveal that convicted Sudbury cop killer Peter Pennett, 58, has been granted day parole as of Oct. 6 – one day shy of the 30th anniversary of the killing of Const. Joe MacDonald.

The parole board's decision will allow Pennette's release into a community-based residential facility (CRF) pending bed space availability – however, the board denied his request for full parole.

Last year, Pennett was granted a 60-day release to complete the 60-day 'First Steps' reintegration program.

"On day parole, you plan to reside at the CRF where you participated in the 60-day UTA and First Steps Reintegration program," the Parole Board of Canada said in its decision.

“That CRF has offered you support in order to complete the Next Steps program.”

DAY PAROLE GRANTED

Pennett has secured employment as a drywaller as part of his release plan.

"You plan on continuing to strengthen your bonds with your family, the Indigenous Friendship Centre, and the Indigenous community,” said the board.

“You intend to find work and attend any programming or counselling that is recommended in order to help you manage your emotions and adapt to living in the community.”

Pennett and Clinton Suzack were convicted in 1995 of first-degree murder in the brutal 1993 murder of Sudbury police officer Joe MacDonald. They were sentenced to life imprisonment with no chance of parole for 25 years.

MacDonald was 29 years old when he was beaten, pistol whipped and shot to death by the two men during a traffic stop.

During the trial, Pennett was adamant that he did not beat or shoot MacDonald, insisting that was Suzack, who was wanted by the law at the time of the murder. He did, however, admit taking MacDonald’s gun from him.

“To make its decision, the board must determine whether you will not, by reoffending, present an undue risk to society before the expiration of your sentence according to law,” the board report said.

“The board must also consider whether your release will contribute to the protection of society by facilitating your reintegration into society as a law-abiding citizen.”

ATTITUDE CHANGED OVER TIME

The report said Pennett’s attitude toward the murder and his culpability for it has changed over time, adding they must also consider his past substance abuse issues and Indigenous background.

Pennett was raised by an Indigenous stepfather and his non-Indigenous mother. He identifies as Indigenous and actively participates in healing circles. His engagement in these teachings and traditions is described as “very positive” by the leader of them, the board said in its decision.

“You told the board that you take responsibility for what happened that day and clarified that your accountability starts from your willingness to participate in a drug deal, your decision to be with your co-accused and for all your choices that led to you being there at the scene of the crime,” the report said.

“Had you changed what needed to change in your life, the index offence would not have happened.”

MAINTAINS HE WAS NOT THE SHOOTER

The board’s report goes on to say while Pennett’s attitude toward the crime has changed, he still maintains he did not shoot MacDonald – despite the ruling of the Court of Appeal to the contrary. The board said his refusal to admit to the court’s findings is a factor in their decision.

“The bottom line is that the Court of Appeal, the final arbiter, found that you were the shooter, which you deny. Therefore, although you claim to accept responsibility, that has to be moderated through the fact that you continue minimize your role,” the board said in their decision.

“It is also noteworthy that your denial has added to the emotional challenges the victims feel.”

In 2017, Pennett was denied an escorted temporary absence from the Beavercreek Institution in Gravenhurst, because the board said he continued to minimize and deflect his role in MacDonald's murder.

The board said while the denial is a strike against him, Pennett, to his credit, has not resisted interventions aimed at preparing him to return to society.

WHILE INSIDE

However, his time in prison since the 1993 murder has not been without incident. Pennett was caught with drugs on a few occasions and was found to have been involved in the drug subculture of the institution.

Pennett admitted to the drugs but denied being part of the illegal subculture around them, saying he was in pain from the work he was doing and not receiving proper health care. He said he was not sanctioned nor transferred to another institution and remained in minimum security, all points the board said were “noteworthy.”

“The board finds that while there may have been some issues around your behaviour while incarcerated, you have, for the most part, conducted yourself appropriately. You have not engaged in violence or aggression over the years of your incarceration,” the decision said.

“You have remained institutionally employed within the Works Department doing drywall repair with excellent reviews. You remain assessed a minimum security inmate with key ratings of low institutional adjustment, low escape risk, and low risk to public safety. You have shown a capacity to bounce back from negative events, and have shown self-management and consequential thinking.”

The board said that given all circumstances – including his lengthy incarceration and the notoriety of the crime – Pennett would benefit from a gradual release in a structured environment with support and resources available to help with progress towards safe reintegration with society.

RELEASE CONDITIONS

One of Pennett's parole conditions is to stay away from the Greater Sudbury and Algoma areas.

Other conditions include:

THE OTHER KILLER

In August, Suzack’s day parole at an Indigenous residential facility was extended for the third time – by another six months. His conditions include the facility’s daily curfew between 11 p.m. and 6 a.m., staying away from Sudbury, Algoma and the Greater Toronto Area and having no contact with the victim's family. Suzack was denied full parole in March 2022.