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Cpl. Matthew Wilcox, centre, is escorted from the courtroom by Capt. Donald MacGillivary, left and defence counsel Lt. Col. Troy Sweet, right. at the Victoria Park Garrison in Sydney N.S. Tuesday, Sept.29, 2009. (THE CANADIAN PRESSVaughan Merchant) Cpl. Matthew Wilcox is escorted from the courtroon during a break in proceedings in Sydney, N.S., on Tuesday, Sept. 30, 2009. (Andrew Vaughan / THE CANADIAN PRESS) Cpl. Kevin Megeney, a reserve member of the 1st Battalion Nova Scotia Highlanders, is shown in this undated handout photo. (Department of National Defence)

Wilcox gets 4-year sentence for shooting fellow soldier

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CTV News Video

Canada AM: (Ret'd) Maj. Gen. Lewis Mackenzie
A military analyst weighs in on the whether he feels Wilcox's lawyers will get very far in their appeal of a four-year sentence for the shooting death of a colleague in Afghanistan.
CTV Atlantic: Todd Battis on the sentence
Cpl. Matthew Wilcox has been sentenced to a four-year prison term for his role in the death of Cpl. Kevin Megeney. Wilcox has also been dismissed from the Canadian Forces.
CTV News Channel: Col. (ret'd) Michel Drapeau
A military analyst says he believes that the sentence given to Cpl. Matthew Wilcox is rather severe, and that the role of his superiors and supervisors should not be forgotten.

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Cpl. Matthew Wilcox, centre, is escorted from the courtroom by Capt. Donald MacGillivary, left and defence counsel Lt. Col. Troy Sweet, right. at the Victoria Park Garrison in Sydney N.S. Tuesday, Sept.29, 2009. (THE CANADIAN PRESSVaughan Merchant) Cpl. Matthew Wilcox is escorted from the courtroon during a break in proceedings in Sydney, N.S., on Tuesday, Sept. 30, 2009. (Andrew Vaughan / THE CANADIAN PRESS) Cpl. Kevin Megeney, a reserve member of the 1st Battalion Nova Scotia Highlanders, is shown in this undated handout photo. (Department of National Defence)

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Cpl. Matthew Wilcox is escorted from the courtroon during a break in proceedings in Sydney, N.S., on Tuesday, Sept. 30, 2009. (Andrew Vaughan / THE CANADIAN PRESS)

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Date: Wed. Sep. 30 2009 5:16 PM ET

A young Canadian soldier has been sentenced to a four-year prison term and has been thrown out of the military for fatally shooting a fellow Canadian Forces member in Afghanistan.

Cpl. Matthew Wilcox was sentenced in a Nova Scotia military court Wednesday morning, more than two-and-a-half years after he accidentally killed his friend and colleague, Cpl. Kevin Megeney.

Wilcox accidentally shot Megeney, a 25-year-old friend and fellow Canadian Forces member, while they were in their tent at the Kandahar airfield on March 6, 2007.

Megeney died about a half-hour after he was shot in the chest.

At his military trial, Wilcox claimed he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he and Megeney were playing a game of "quick draw" when Wilcox fired his weapon.

On Wednesday, military judge Cmdr. Peter Lamont told Wilcox that his actions demonstrated a pattern of negligent behaviour that led to the death of a fellow soldier.

"He violated (the) trust of his colleagues," Lamont said in court. "He was highly trained...and in this period he willfully ignored instructions. His critical carelessness has had tragic consequences."

The judge indicated that he was obliged to give Wilcox the minimum sentence under the civilian Criminal Code.

"In this case, I'm unable to say how the offence can be considered any less grave for sentencing purposes just because it occurred overseas," Lamont said.

The 24-year-old Wilcox will also be banned from owning a weapon for five years under the sentence he received Wednesday.

While Wilcox was stoic as his sentence was handed down, family members openly wept in court.

Wilcox's lawyers intend to appeal the sentence and punishment.

The judge noted that Wilcox was young, has no previous record and has performed his duties to a commendable standard since returning to Canada. And he acknowledged the grief that the convicted soldier carries for unintentionally killing his close friend.

"There is no doubt he has suffered enormously from the loss of his platoon mate," Lamont said.

The judge did not specify whether Wilcox will serve this time in a civilian or military prison, CTV's Todd Battis reported by telephone from Sydney, N.S.

Appeal to be launched

His lawyers immediately filed to appeal both the sentence and the conviction that found Wilcox guilty of negligent performance of duty and criminal negligence causing the death of Megeney.

The judge decided late Wednesday that Wilcox will begin serving his sentence immediately, while he waits on the status of his appeal.

The victim's family has previously told the court that Megeney's death has caused major heartbreak for his surviving relatives -- his father takes 18 pills a day to deal with stress caused by his son's death and the family has rarely gathered since Megeney was killed.

The prosecution and Megeney's family had pushed for Wilcox to be dismissed from the Forces. They also wanted him to serve six years in prison for his actions.

Michel Drapeau, a retired Canadian Forces colonel and military lawyer, said that the sentence Wilcox received on Wednesday could have ramifications for the way that on-base safety is addressed.

"There are questions to be asked of the military: Is the training system, is the discipline system, is the supervision system up to standard in order to prevent such an occurrence in the future? And if that is so, then this trial doesn't put an end to it," he told CTV News Channel during an interview from Ottawa on Wednesday morning.

Drapeau said the sentence was "severe" in some respects, as Wilcox did not intentionally shoot his friend and he could likely continue to serve his country.

"He is a young man, he is a reservist...he was remorseful and I think he could continue to serve his country and learn from it," said Drapeau.

With files from The Canadian Press

Comments are now closed for this story

Doug Rutherford, Whitehorse
said

I agree with those voicing the opinion that this is a sad day for both families. This was not murder but negligence... this was not the result of an intent to hurt anyone.

I do hope some good thing comes from this as I do for any tragic event. When I served, weapons safety was a mantra pushed at you constantly, and one I pushed at soldiers myself. I'm hoping that this might remind troops that their weapon is not a toy and this example, as tragic as it is, saves more lives than it cost.


Ron
said

No doubt this individual is guilty, but so are others in his unit. At least on a negligent performance of duty charge. Although seeing how these reserve units operate in their own little world. This will all get swept under the table and forgotten about. The unit will continue playing their games, but maybe not video taping them any more. Your average reservist can not at all be compared to your average full time soldier. It's not a hobby for them, it's their life!


Mike
said

I feel the sentence was just right. People, all people have to be held responsible for their action. I too have served this country (25 years in the army) and have seen many games that could have hurt some one. There is one thing that I wish people like Pdm39 would stop doing is telling us the majority of Canadians feel we should not be in this mission. I for one have not seen any poll saying majority of us don't think we should be over there. Myself, I would rather fight them over there then here in Canada where my family will be in the line of fire...


Brad in Waverley
said

This unfortunate incident is not an accident. However it happened, one soldier chambered and fired a live round. That round killed his friend. Chambering and firing a round requires a series of actions to be taken, including :A) putting a loaded magazine into the weapon, B) cycling the action, and then, C)pulling the trigger. This was not an accident. It was a series of poor decisions that resulted in a tragedy, for which you can either assume responsibility, or attempt to shirk it and seek to blame someone else. The construct of arms making up the military Ethos in Canada has 3 components. First, Identity, second Expertise, and third Responsibility. Here, we have seen a failure of an individual's Expertise, his refusal to accept Responsibility, resulting in a smear on both the Ethos and the Identity of the rest of us who wear a uniform. It's a tragedy, but it is no accident, and the person to blame has been handed his punishment for his poor judgement.


SeaSalt Halifax
said

I agree with Dave 100%. I was an instructor at a recruit school for 3 years and trust me from the time a recruit joinned the Military he is train to insur is waepon is clear (safe) at all times. Wilcox is guilty of negligence period. As for Drapeau, the training had nothing to do with this. Also remember during the trial his supervisor admitted he also took part in quick draw before. Therefore charges should be laid agains him also. PS. Who in his right mind would employ a subordinate ( teaching weapon handling) while awaiting trial for negligence in the use of a weapon.


Afghan Vet (Recent)
said

To clarify for some of the weapon sauvy posters, the regs in 2006 for Canadians in Kandahar Airfield, was to have a fully loaded mag inserted into both your side arm and long gun ( C7 or C8).This was the SOP until mid summer 2006, when the rules change to mag out. During that spring time and early summer, you HAD to have a fully loaded mag in your rifle and sidearm (if equipped...liberals never gave us enough money for everyone to have a personal side arm) at all times. This was the standard...and it may have changed back and forth since then....but during my tour I carried my weapon fully loaded, but unchambered, to the bathroom, mess hall, and to bed when it was time...There is no possible good ending to this story...I think he was a brave Canadian that was serving his Country, that made a terrible mistake...and now he has terrible defence...


Very pleased
said

Well I have to say that as a former reg force infanteer (1 PPCLI) I have little to no sympathy whatsoever for Cpl. Wilcox, plain and simply put he knew better and chose to ignore safety guidlines in place to protect against such acts of utter stupidity, I have a tremendous ammount of sympathy for the fallen soldier and his family, thier loss will NEVER be rectified. I also have sympathy for Cpl. Wilcox's family as they have lost a son as well. Glad to see that justice was served today and to Wilcox himself, you should forget your appeal and man up and take some personal responibility for your actions, nobody buys your story, there should NEVER have been a "story". You knowingly shot and killed your buddy, end of story, you should NEVER have had a loaded fire arm in the tent to begin with.


10 more days
said

As a member of the CF currently serving in Afghanistan (10 days left) almost all countries carry weapons here, Americans, french, Canadians, Dutch etc. We always have a loaded magazine with us at all times although not loaded in the weapon and certainly not a round in the chamber. The reason this is protection, not from enemies but from other countries soldiers going crazy and start shooting. As I sit here type this I look over at my 9mm and magazine on the top of my desk next to my alarm clock. So yes everyone has a weapon and ammo in their tents. The weapon does not leave you unless you are at PT or going for a shower.


rj_makemyday
said

I am a former Military Policeman (reserves)(11th Service Batallion - Victoria, voted best MP platoon in Canada, three straight years, btw ) and while I agree with Dd that taking a weapon loaded with magazine into the tent or barracks is completely stupid and dangerous... let's not pick on the reservists, here !

Regarding training...the training is the same, and both reservists and reg force member have died equally.. There have been plenty of "screw-ups" from "reg force members" with their C7 weapons..too .and not all of them make the media, by the way !

The problem for Cpl. Wlcox is that, while dismissal and prision seems quite harsh for him, if he wins the appeal and if he comes back, (to the forces) it would be in a non combat role, as his personal safety would not be guaranteed. There are probably many, many mates in his platoon pissed off with him ? Therefore, his military career (as a combat soldier) is over ! If he went into battle again, nobody would "back his back" ?The best that he could hope for is a civilian prison with early parole, Edmonton's military prison is a very harsh place and many a man has gotten "broken" there, mentally,. so not a good place for him !


Battle Group
said

Response to Dave: Things have changed Dave. Fitness standards are the same. You missed the "new" military of the last 6 years. Much the same, a lot different. I remember the shot that day as I was a couple of tents back. Don't tread into the reserve regular force debate. I'll fill your ears with incompetence on both sides.


pdm39
said

What a sad day for Canadians. The majority of Canadians do not support the mission however support soldiers like both of these young men. It is so easy to judge not being in the tent and under the circumstances. This young man could do much more good out of prison educating about gun control, safety and such. Prison will simply ruin his life and the story will end with 2 soldiers ruined.

Rose
said

Very sad for both families. They play many games like this which should be stopped. In fact it should mean time in Miliary jail for anyone in the future who does it.


CorrinneEDM
said

Punishment is to severe, hopefully appeal is successful. He should NOT have been kicked out of the forces.


Dave Halifax
said

I agree with Trevor. This was not premeditated and was not murder. It was an accident. Wilcox bears the ultimate burden, knowing what he did and regretting it. There is no "victory" for the Megeney family, and they're not looking for one. Their son is laid to rest, and a soldier is paying the price for what was an extremely unfortunate mistake. Going after Wilcox's blood is not an option. This whole sorry matter is behind us now, every soldier has been reminded of his responsibilities in theatre, and we can move on. EVERYBODY.


mac
said

Walk a mile in my shoes...based on the information we heard of the cirumstances of the shooting - the sentence in jail is too harsh - yes Cpl Megeney has a 'life sentence' - he is dead - but so does Cpl Wilcox and the circumstances of the accident do not warrant the same punishment as two idiots at a campfire goofing around with weapons while out hunting, nor going into a bank with a loaded weapon...

Young inexperienced, nervous, afraid, soldiers are sitting on powderkegs waiting to go off and unfortunately Cpl Wilcox reacted before thinking..compassion for all the parties is needed. As for the family's demand for punishment.. they are angry...


Dave
said

Ok, they weren't happy about my first comment, so in a nutshell; Me=Reg force combat arms...been there done that, 25 years, got the medals, and stuff for my I-love-me wall.

I would have recieved MAXIMUM time allowed in SBD Edmonton (the military jail) and done the time to the minute. Him=Reservist. Will only spend 18 months in a minimum or medium security institution. Oh, I know they said 4 years, but he is a reservist. Same uniforms, different training standards, different expectations. Carrying a loaded weapon inside the wire, killing a fellow soldier, and lying to courts martial? Oh yes, a reg force soldier would have faired much worse.


justjeff1972
said

First, Dd, I know you are not placing all Reserve Force personnel in the same category as you described 'dangerous under-trained immature soldiers'. However, this same type of quickdraw game has also happened to members of the Regular Force, too in theatre. Although, thankfully, that incident did not result in the death of a comrade. So, do not think that this is an only Reserve thing.

Second, Jackie Barrett, I would certainly not call this a 'victory' in any sense of the word, as Ashley from St-Hubert put it. This unfortunate incident has destroyed not only the life of the family of the Cpl Megeney, but also the family of former Cpl Wilcox. Granted, he must be punished for this crime, but do not for an instant call this a victory. Closure, sure, but no one wins in this. It is very unfortunate that this kind of game, stunt, or whatever you want to call it happened. And what is more unfortunate is that resulted in the death of a fellow soldier. I hope that the higher ups in the Canadian Forces, if they have not done already, cracked down even more serverly on this kind of behaviour.


Frank in NS
said

Being a veteran myself I feel nothing but remorse for these two families. A thoughtless moment, a place of war, untold pressure and many other factors can lead to an incident such as this. We can get past this and let healing began for all.


GP
said

Deeds Not Words, a motto to live by. This person had a duty to do the honourable thing and come clean. He chose a different path. Hopefully he will see this and turn himself around.


retired
said

My thoughts and prayers go out to both the Megeney and Wilcox families. This was as unfortunate act of foolishness and as a result of this these two families have lost loved ones. I agree with Trevor, this was not murder but just a stupid accident.


Dave
said

Unbelievable. I will guartantee he will serve his time in a medium or minimum security facility. He won't have to serve a day in SDB Edmonton. Col.(retired) Drapeau seems to feel sorry for Wilcox because of his age and Reserve status. Well, Mr. Drapeau, I served for 25 years in the regular force, and have trained and led troops in the field. His wish to have a closer look at the role of the training system, and his supervisors is valid.

However, I have personaly had individuals that needed constant monitoring, were walking saftey violations, and just plain did not "get it". They were weeded out after all attempts at corrective mentoring had been exhausted. Somewhere the system failed, but it was Wilcox who failed to clear his weapon. He lied. He killed his comrade in arms. He is remorseful...unless one is a certified psycopath one would hope so.

Perhaps this all can be traced back to the mid 1990's when "Ottawa" declared that fitness standards would be lowered to facilitate the mass recruitment of reserves into the notorious failure of 10-90 battalions. The military fitness and training cadre was disbanded after failing to pass the reservists using the current fitness standards of the time. A can of worms indeed.I started my career with a brief one year stint as a combat arms reservist, and have seen both sides. Although none will admit publicly, the general reaction to having a reservist attached to your squad, troop or gun, is at the least sighs and eye rolling. I know many reservisits are well trained mature, and level headed, but at the end of the day, the screening and training standards need to be revisited.


c brown
said

What a sad day....my sympathies are certainly with the Megeney family, however, they are also with the Wilcox family and the young soldier convicted today....my husband is retired from the military; as well, our son is currently serving our great country and I know that if it were our son who was accidentally shot and killed, we too would be very upset, however, I truly don't think it was done on purpose - it was an accident - NOT murder.

I feel that probably both young men were at fault for having a loaded gun and obviously, they were playing a game and likely had done that before too - only that time it turned out to be a deadly game. When he testified in court and changed his story, I feel he did that to try to protect his dead comrade. I hope that we could also have empathy for the Wilcox family and their young son..I feel his punishment is too severe and that he should not have been booted out of the military - demoted yes. by all means...although he is alive, his life is ruined too.

Military Mom


Ashley, St-Hubert, QC
said

Not sure I'd call it a "victory"... What a sad story, for all involved. Personally I'm sure he has learned his lesson, but I think the sentence may be more of a warning to other soldiers, and whether the sentence is right or wrong, lets just hope all soldiers learn from this tradgic incident......These poor families, my heart goes out to all.


Trevor, St. John's
said

A small point, but this wasn't murder... it wasn't premeditated nor planned, but simply stupid and accidental; technically, it was manslaughter. A life lost, either way.

Dd
said

I spent many years in both the regular and reserve and I can't say I'm surprised at this reservist's actions. When I went overseas, I found the reservists fit into two categories - superb, mature soldiers or dangerously under-trained, immature soldiers. The fact that this reservist thought FOR AN INSTANT that it was okay to play with his weapons in his tent only proves that he fit into the latter. It's INCOMPREHENSIBLE that any soldier would be in his tent with a weapon that not only has the magazine inserted, but has a round CHAMBERED!

When I was overseas, everyone was required to remove their magazines, cock their weapon and pull the trigger with the weapon pointed into a pit. So, what happened here? Are the regulations in Khandahar that laxed that he could get a chambered weapon into his tent? Was his original training that lax as I've seen with far too many reservists overseas? Or did this reservist think he was above the regulations?

It's irrelevant whether he was playing quick draw or not. The simple fact of the matter is that a loaded and chambered weapon should NEVER had made into his tent. Four years for such an oversight that led to a completely unnecessary death is a gift.

Jonathan, Halifax
said

Finally justice has been served! Hopefully now the victim's family and friends can have some peace. Canadians will always remember Wilcox for this murder.


Sherry Katrina
said

So sorry to hear this - two lives lost for nothing more than a very stupid game. Accidents happen - but when not thought through, there is no turning back what happened. This soldier will spend the rest of his life suffering for one fleeting moment of thoughtlessness. And they were good friends too. I hope they can help him get over the guilt and remorse he feels and the fact that he will also be dishonourably discharged - that's a lot to handle as well. I feel sorry for the family of Cpl Megeney very much but I feel sorry for Cpl Wilcox as well.


Jackie Barrett
said

Hopefully, this sentence will serve as a reminder on the consequences of disobeying the rules of engagement and laws of war, as well as being foolish with your weapons. Victory to the Megeney family.


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