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Wilcox gets 4-year sentence for shooting fellow soldier
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CTV.ca News Staff
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
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Doug Rutherford, Whitehorse
said
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
Mike
said
Brad in Waverley
said
SeaSalt Halifax
said
Afghan Vet (Recent)
said
Very pleased
said
10 more days
said
rj_makemyday
said
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
pdm39
said
Rose
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CorrinneEDM
said
Dave Halifax
said
mac
said
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
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
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
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GP
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retired
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Dave
said
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
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
Trevor, St. John's
said
Dd
said
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
Sherry Katrina
said
Jackie Barrett
said