THUNDER BAY – A woman charged with second-degree murder in the death of her cousin will be released on bail.
Superior Court Regional Chief Justice Douglas Shaw acknowledged the “grave” nature of the offence Monica Spence is charged with but ruled on Tuesday it would “be an error to deprive her of liberty.”
She, along with her boyfriend Daniel Debassige, are accused of killing 62-year-old Richard Spence in his Secord Street apartment on Dec. 21, 2014.
Conditions of the bail include Monica Spence living with her sister in Hamilton under house arrest and constant 24-hour supervision. She is to only return to Thunder Bay for court or medical purposes and is not allowed to contact Debassige or any witnesses.
She must also report twice a week to both the Thunder Bay and Hamilton Police Services.
Her defence lawyer, Christopher Watkins, said the release does not lighten the gravity of the charges.
“My client is not taking it lightly and her family is not taking it lightly,” Watkins said. “A person has died in this situation and I think they just want to do the best they can to take Ms. Spence to a safe place and try to get her assistance.”
During a two-day contested bail review hearing last month, Watkins submitted Monica Spence be released to Hamilton to undergo treatment for alcohol addiction.
Shaw said Gladue factors were considered in his decision to grant bail.
The court heard Monica Spence had a difficult life that included addiction and sexual assault while being homeless. The two months she has spent in custody since being arrested is the longest she has remained sober since she was 14-years-old.
She is not to leave her sister’s home except for addiction treatment, traditional First Nations healing, court or medical purposes. She also must be in the company of one of her three sisters or another designated family member at all times.
She must also abstain from alcohol and drugs. A relapse would result in her returning to custody.
“In some ways I think it was a strength of the plan that it takes her away from the epicentre of what has been happening and puts her in a different community with a much more protective mesh around her and assists her in getting a fresh start in dealing with some of those tremendously deep issues,” Watkins said.
Her sister in Hamilton is putting up the $38,000 equity in her home, which Shaw told Monica Spence was an “extraordinary commitment.”
Shaw added he was confident a stronger release plan could not be crafted.
Watkins said he believes the judge also considered possible circumstances that led to the violent assault.
“I think he also recognized in his ruling the circumstance that Ms. Spence was a victim of a sexual assault by the victim of this offence in 2007 and there appears to be some sort of context in terms of evidence that’s hearsay at this time that there was a similar or worse offence in or around the time of the death of Mr. Spence,” Watkins said.
Monica Spence is expected to be released on Wednesday after all three of her sisters sign the necessary paperwork. Watkins said it is likely she will travel to Hamilton as early as that evening.
Her next court date is scheduled for March 24.
