Court weighs parole ineligibility for foreign worker in Leamington “crime of passion” murder

Sentencing is set to come next week for an immigrant found guilty of killing his common-law spouse. CTV Windsor’s Michelle Maluske has the update.

The court weighs parole ineligibility for a foreign worker in Leamington a “crime of passion” murder in 2022.

Warning: contains graphic content

David Espinoza Montes, 41, has already pleaded guilty to second-degree murder for killing his common-law spouse, Shermaine Carling, 33.

Both were working in Leamington as temporary foreign workers and living together in a rooming house on Mill Street.

On Sept. 29, 2022, Carling was stabbed to death with a knife and a pair of scissors, by Espinoza Montes.

“It may have been a momentary lapse in judgement by the accused, but it was a brutal and sustained act of violence against Ms. Carling,” Assistant Crown Attorney Nicole Stortini said Thursday. “She was defenceless and attacked in the sanctity of her own home.”

Court learned Carling suffered 48 “sharp force wounds” to her body, including 21 in her back and 17 in her neck and upper torso.

Victim Impact Statements

Stortini described two victim impact statements read into the record as “powerful”.

They were both read into the record by Assistant Crown Attorney Jayme Lesperance, on behalf of family that does not live in Canada.

“The brutality of my sister’s murder - committed in the very home she once called her sanctuary -has shattered our sense of safety and left us living in constant fear,” Rhea Pulido told the court.

Pulido said her sister immigrated to Canada to provide a better life for her two children and to provide for her extended family in the Philippines.

“Her death has thus inflicted a dual loss: the irreplaceable presence of a devoted daughter, sister, and mother, and the broad-reaching financial foundation she so selflessly built for our entire family.”

Jhoy William-Sipol, another relative of Carling’s, told the court both of Carlings’ children have now dropped out of school due to stress.

“As the main point of contact for authorities, doctors, victim’s services, and others, I’m usually the first to hear the news or any updates and then comes the difficult task of sharing it with family members who are more in deep pain than I am,” William-Sipol wrote.

William-Sipol explained the emotional toll of the court process since 2022.

“I felt vulnerable and feared retaliation from friends of the accused, knowing I’m the executor.”

Accused apologizes

Espinosa Montes apologized to the Carling family, the court and to Canada when given a chance to speak Thursday.

“I came to this country for the purpose of working. I did not come to create problems to this country,” Espinosa Montes said. “I have never been in prison in my life. I have never been in prison in my own country. This is my first time.”

Espinosa Montes didn’t speak specifically about Carling but did say he is remorseful for his actions that took her life.

“I apologize again to her family, her children, her mother. And I only pray now that God will guard them and protect them so they can get ahead,” Espinosa Montes said.

“I have lost so much for a moment of anger.”

No excuse for actions

“This is a crime of passion,” defence lawyer Patricia Brown said Thursday during a sentencing hearing. “The victim was seeing another man.”

Brown said her client had a “momentary lapse” in judgment.

“When he discovered those text messages on that fateful day, he caused the death of the victim. There is no excuse,” Brown said.

She said her client was struggling from declining mental health, insomnia and alcohol abuse.

“Even the victim, earlier that day, was in support of him going to the clinic to get medication,” Brown said, noting however alcohol was not a factor the day of the killing.

Joint submission on sentence

Espinosa Montes pleaded guilty to second-degree murder, which carries a life sentence in prison.

The defence and both Assistant Crown Attorneys presented a joint submission on sentencing.

They would like Espinosa Montes to be sentenced to a period of parole ineligibility of 12 years.

Judge reserves decision

Justice Joseph Perfetto was prepared to return with his decision late Thursday afternoon.

At the request of the Crown however, decided to defer to Wednesday July 23.

Carlings’ family members were watching the court proceedings remotely Thursday, where they are 12 hours ahead.

He decided instead to return with a decision starting at 9 a.m.

Immigration concerns

At the time of her death, Carling was seeking refugee status so she could stay in Canada and continue to support her family in the Philippines.

Espinoza Montes immigrated to Canada from Honduras because he was “being targeted by a gang”, according to Brown.

She says her client fears for his safety once he’s served his sentence in Canada.

There was discussion Thursday about Espinoza Montes’ fate once he is granted parole, with Brown noting he is likely to be deported but will attempt to remain in the country for safety reasons.