Teens given 2-year sentence after woman decapitated in carjacking
Published Thursday, August 16, 2012 10:04AM CST
Last Updated Thursday, August 16, 2012 5:38PM CST
A judge handed down a sentence of two years to two teenage girls after a woman was decapitated in a botched carjacking in 2011.
A sentencing hearing was held Thursday.
Court heard the teens, age 15 and 17, removed 32-year-old Roberta McIvor from her vehicle while she was passed out on the Sandy Bay First Nation in July 2011.
They pulled McIvor out of the vehicle but didn’t realize she was still tangled in the seatbelt and they drove away, dragging her for a kilometre, court heard.
The Crown had been asking for a three-year sentence, the maximum sentence for a youth charged with manslaughter, while the defence was seeking either a day in custody or time served.
An RCMP investigation concluded there was no evidence the teens knew they killed McIvor, despite the fact her clothes were removed and someone moved her body from the side of the road into the ditch and placed her arms in a crossed position. The Crown said it's not known who did that or why it was done.
The Crown told court the teens continued to drive around the area and later went to a party, bragging about taking the car and leaving McIvor behind.
McIvor's mother Cindy Rubio cried in court while the details of the crime were read aloud.
“Roberta was a fun loving girl, always smiling happy to be around people,” said Rubio.
Rubio said she doesn't believe the incident was accidental.
“How accidental is getting thrown out of the vehicle and your head getting rolled away? It’s not fair,” said Rubio.
The Crown told the court the crime has significantly impacted the entire First Nation and threats have been made against the two teens.
The teens have already served one year in custody and have one more in custody under the sentence, with the custody being open, meaning they could potentially get leaves.
They will also have a year of house arrest to serve following the year of custody.
McIvor said that no matter how long of a sentence they received, it would not be long enough to make up for what happened to her daughter.
“She has to rest in peace and these people are going to walk around in our community. Do you think it’s fair?” asked Rubio.
The teens addressed court Thursday, but McIvor's mother left the room.
The teens apologized to the family and said they wished they hadn't stolen the car that night and caused the death.
- watch CTV News at Six for more on the sentencing
Roberta McIvor, 32, was found dead on a roadside on Sandy Bay First Nation last summer. (file image)
RCMP investigate on Sandy Bay First Nation last summer.