THUNDER BAY - The mother of 20-year-old Leslie Moonias said she forgives and loves the woman who is responsible for her son’s death and she will continue to pray for her as she serves an additional 22 months in custody.
“From my heart to yours, I have forgiven you,” Moonias’ mother said in court. “I love you. I have no hatred for what happened. I only can pray for you to become a better person.”
Kirsten Wesley, 22, was sentenced to two additional years less a day in custody after being found guilty of manslaughter, as well as three years of probation following her release.
Justice Elaine Burton handed down the sentence on Tuesday in a Thunder Bay Courtroom after Crown attorney, Rob Kozak, and Gil Labine, counsel for Wesley, presented a joint submission requesting the additional two-years and probation.
With Wesley having served 22 months in pre-sentenced custody, enhanced to 33 months, plus two more months for a delayed sentencing hearing, she will serve a total of 57 months in custody, or just over four-and-a-half years. She was also sentenced to an additional 30 days to be served concurrently for two counts of breaching probation.
Wesley was first charged more than two years ago following an incident that took place on the night of Sept 8, 2016. According to the agreed statement of facts, Moonias and Wesley, who were in a relationship at the time, were consuming alcohol on the front steps of a McKellar Street home.
The two began to argue after Wesley wanted to leave and visit a friend. A brief altercation followed and Wesley stabbed Moonias in the chest with a knife she carried for self-protection. He was found by his five-year-old nephew the next morning and pronounced dead when paramedics arrived. It is believed due to the nature of the wound, he would have died within minutes of being stabbed.
Wesley was arrested a short time later after a Thunder Bay Police officer noticed her walking down a street with what appeared to be blood-like staining on her clothing. Kozak, reading from the agreed statement of facts, said during an interview with police Wesley, who first denied knowing what happened to Moonias, later admitted the reason he was gone was because she was mad and that she lost control and stabbed him.
Wesley also stated that she was not aware of how bad Moonias’ injuries were when she left the area to visit a friend following the incident.
First charged with second-degree murder, Wesley pleaded guilty to the lesser charge of manslaughter in March 2018. She was first released on bail in December 2016, but was arrested again in February 2017 and charged with two counts of breach of recognizance, to which she also pleaded guilty. Wesley has been in custody ever since.
Mitigating and aggravating factors
During the sentencing, Justice Burton said she took several mitigating factors into consideration.
Burton cited a pre-sentence report and Gladue Report ordered before the sentencing that revealed Wesley had an abusive childhood and was introduced to drugs and alcohol at an early age. She also had little to no contact with her immediate family in her home community of Mishkeegogagming First Nation with the exception of several aunts.
Wesley’s age, the fact that she had no criminal record prior to the incident, and that she expressed remorse and admitted guilt was taken into consideration, Burton said. There was also no history of violence between Moonias and Wesley.
Several aggravating factors were also considered. Burton said, “I have a significant information gap for what led up to the stabbing.”
However, she added, “nothing in the evidence suggests it was pre-meditated.”
Burton ultimately agreed with the joint submission of counsel and sentenced Wesley to 22 additional months that she will start serving as of Oct. 30. She is also required to submit a DNA sample, is prohibited from owning any weapons, and must pay a victim surcharge fee in the next two years.
“Domestic violence is unacceptable under any circumstance and unfortunately this ended in a death,” Burton said. “I am mindful that no sentence I impose will bring Leslie Monnias back.”
Labine said Wesley’s time in pre-sentence custody has been the best thing for her, as she has remained sober the entire time and is nearing the completion of her high school diploma.
“She is a completely different person,” Labine said. “The person who committed this offence in 2016 is no longer there.”
Kozak added that Wesley’s additional time in custody, as well as the probationary period, will allow her further opportunities to abstain from alcohol and seek rehabilitation and counselling treatments.
Family expresses pain, heartache, and forgiveness
During the sentencing hearing, several family members of Moonias shared victim impact statements with the court.
His sister told the court the day her brother died is one she will never be able to forget.
“That day brought so much pain and heartache,” she said. “Watching his daughter grow up without him is hard.”
“The loss of my brother makes me feel like I failed as a big sister because I wasn’t there to protect him,” she added. “It still doesn’t feel real.”
Moonias and Wesley had a three-month old daughter at the time of the incident and Moonias’ sister said it is difficult taking her to visit Wesley so she still has contact with her.
“Forgiveness isn’t easy,” Moonias’ sister said. “I can’t say I forgive you. Perhaps one day down the road.”
Moonias’ mother said through prayer and turning to her faith, she has found forgiveness for Wesley.
“Write to me whenever you want to,” she said to Wesley in court. “I love you with all my heart.”
