NORTH BATTLEFORD - The man who pled guilty to manslaughter in connection to the death of Sequin Mooswa in North Battleford will learn his sentence on Sept. 10.
That is the date in which Judge Dan O’Hanlon will deliver his sentence in provincial court in North Battleford in the case involving Keenan Mirasty, 22, who had previously pled guilty to manslaughter as well as four lesser charges including a threatening charge as well as three breaches of conditions.
Mirasty had pled guilty to manslaughter in Oct. 2020 after initially being charged with second-degree murder.
After months of delays, the sentencing of Mirasty got underway Wednesday morning in provincial court in North Battleford, with Crown and defence making their sentencing submissions.
An agreed statement of facts was submitted, but the Crown and defence were not in agreement on all issues, least of all being the length of sentence.
Crown prosecutor Scott Bartlett called for a 12 year sentence for Mirasty, while defence attorney Michael Nolin called for a six-to-eight year sentence.
The facts outlined in court provided further details of what transpired on March 8, 2020, when Mooswa was killed.
Both Mirasty and Mooswa had been in a on and off relationship for six years and had a three year old child. They had attended a round dance event on March 7 and had made their way back to their apartment on the 1900 block of St. Laurent Ave. in North Battleford along with several other relatives and friends.
According to the facts in court, an argument and fighting ensued in the early morning hours between Mirasty and Mooswa.
The Crown indicated the conduct by Mirasty took place over a significant period of time, apart from a short break during which Mirasty was locked out of the apartment.
According to the facts outlined in court, between 3 and 4 a.m. there was repeated conduct where Mirasty had kicked and stomped his foot on Mooswa. It was at this point that others at the apartment began to leave.
The Crown noted Mirasty was then locked out of the apartment for a period of time to about 5 a.m. which the Crown said could have allowed the accused a chance to cool off. Instead, Mirasty returned inside, and a severe beating of Mooswa took place.
It was also outlined in court that around 5:15 a.m. a police officer had arrived at the door of the apartment and heard voices inside. When he announced that the RCMP were at the door, the voices heard inside went “silent”.
The Crown stated the severe beatings took place between 5:30 a.m. and 11:30 a.m. — but more likely closer to the earlier time. It was also noted that Mirasty had performed CPR on Mooswa trying to revive her.
The official cause of Mooswa’s death was stated as blunt-forced trauma to the head. No weapons were involved in the assault, Bartlett said, other than hands and feet.
The degree of force was outlined in the autopsy report, the Crown stated, including multiple blunt-forced injuries, injuries to Mooswa’s torso, head and face, lacerations, bone fractures and other injuries.
The facts that were most disturbing according to the Crown, and an aggravating factor, was that this was an assault on a domestic partner.
Bartlett characterized Mirasty’s conduct as “uncontrolled rage” resulting from jealousy, and that it was alcohol that brought it all about.
“Jealousy combined with alcohol and uncontrolled rage is at the root of all this,” said Bartlett.
Bartlett told the court that the agreement to plead guilty was based on the Crown taking the position that the acceptable range was between eight to 12 years in prison. But the final autopsy report, which hadn’t been available until after the agreement was made, “pushed us to the top of that range,” said Bartlett.
In his submission, defence lawyer Nolin took particular issue with any suggestion that a second assault might have occurred in the bedroom area. Nolin noted his client Mirasty had denied a further assault took place throughout, and he argued this point was not proven beyond a reasonable doubt.
Nolin noted that Mirasty had been “upfront” and “open” about being responsible for Mooswa’s death from the beginning. Nolin noted that after Mirasty realized Mooswa was dead, Mirasty thought of “taking his own life.”
The defence also pointed to Gladue factors in Mirasty’s case, noting Mirasty had experienced family dislocation, substance and physical abuse and disconnect from his father and mother. Nolin also noted that in dealing with his psychological and psychiatric issues, Mirasty turned to substances.
Victim impact statements were presented by a number of family members in court. The family members directly addressed Mirasty, with one standing across from him in the prisoner’s box at one point to denounce his actions. They tearfully noted the impact of the tragedy on their family, resulting in a further suicide of a family member following Mooswa’s death.
When Judge O’Hanlon asked Mirasty if he wished to speak, Mirasty apologized for his actions. “I’m sorry to the family,” he said, adding “I can’t take back what I did.”
Mirasty is remanded in custody until the Sept. 10 sentencing decision.
