Alberta's top court rejects appeal of first-degree murder charge in death of Lacey McKnight Jones

Almost five years after her daughter was strangled, a Calgary woman says she's relieved Alberta's top court rejected an appeal of the first-degree murder charge laid against the man responsible.

Kristopher Wayne Guenther was found guilty for the October 2012 murder of his fiancé Lacey Jones McKnight two years ago, but his lawyers argued the trial's judge erred in that ruling.

Specifically, the appeal called into question whether Jones McKnight was forcibly confined and Guenther took advantage of that confinement to kill her — a key factor in determining the death was first-degree murder.

Additionally, the lawyers said the judge should not have admitted evidence of bad character relating to Guenther and failed to consider "problematic aspects" of the account from Guenther's friend — who testified against him.

'Horrific details'

The appeals court rejected all of those claims in a ruling Tuesday.

"It's one more aspect of this horrific nightmare that we can put behind us, even if it's just for a little while, to have a bit of relief from the horrific details of how she died," said Jones McKnight's mother, Shelly Jones, after the ruling.

Jones showed up for all of the court proceedings over the years, and was exposed to those horrific details many times.

But she had a reason for being there.

"Because I love my daughter, and when she was alive I was there for every moment that she needed me and that's never going to change," she said. "We're always going to be there for her and fight for her."

Guenther admitted to killing Jones McKnight when he testified in his own defence at his trial.

At that time, court also heard from Guenther's friend that he admitted to taping Jones McKnight's hands, feet and mouth and putting a plastic bag over her head as he described, in gruesome detail, what he had done.

Defence argued tape and rope found on the body was actually from consensual sex earlier in the day and was not indicative of forcible confinement.

Ruling

While the appeal court said there was evidence Guenther and Jones McKnight engaged in bondage and "autoerotic asphyxiation," the evidence and the testimony of Guenther's friend were sufficient to dismiss the notion that forcible confinement was not tied to the murder.

The appeal court also found no problem with admitting evidence of bad character relating to the accused, saying in its ruling that "such evidence played no part in the reasoning leading to the conviction of first-degree murder."

It also rejected that there were any problematic aspects related to the testimony of Guenther's friend, upon which the trial judge — as well as the appeal panel — heavily relied.

'He's a monster'

Jones said she has mixed emotions now that the appeal has been denied.

"There's still a part of me that feels sorry for him, but he doesn't deserve it. He's a monster," she said of Guenther.

"He's lost hope, and that last time I saw him, at court in the appeal hearing, he was not looking good. He does not look well at all and I feel that he won't survive in there."

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