A Moncton man who murdered Joshua Daley in Moncton last year was sentenced Wednesday to life in prison with no chance of parole for 12 years.
Jake Kristian Mischiek was charged with first-degree murder in connection with the May 21, 2020, shooting death of 27-year-old Daley in a downtown Moncton apartment.
Mischiek pleaded guilty to the lesser charge of second-degree murder in May. The charge carries a minimum sentence of life in prison with no parole for 10 years.
Court of Queen's Bench Justice Robert Dysart agreed to impose the sentence recommended by Crown prosecutors and defence lawyers. The decision followed the judge hearing victim impact statements from Daley's family members earlier on Wednesday.
Dysart said Mischiek's actions "resulted in unspeakable loss for his family and friends."
God has always been forgiving. I know he will give us the strength to forgive you one day. But that day is not today, nor will it be tomorrow. - Marie-Josée Cormier
Marie-Josée Cormier, who had a young son with Daley, said she lost her best friend and partner of 10 years when Mischiek killed Daley.
"You have honestly built a wall between me and my son," Cormier said, pausing with emotion filling her voice, "that I don't know if I will ever be able to break down."
Cormier said they're a religious family that pray a lot.
"God has always been forgiving," Cormier said. "I know he will give us the strength to forgive you one day. But that day is not today, nor will it be tomorrow. To quote my son … you took a part of his soul that night."
Denise Maillet, Daley's aunt, said she still has panic attacks remembering the call last year when she found out Daley had been shot.
Mischiek addressed the court, expressing remorse and saying he wished he could change what happened.
"From the bottom of my heart that I really am sorry for the pain I caused your family," Mischiek said as Daley's family members cried in the courtroom gallery.
According to an agreed statement of facts given to the judge earlier this year, Mischiek spent the weeks leading up to the crime using several drugs. On the day of the murder, he consumed a large amount of hydromorphone, methamphetamine and cannabis and hadn't slept for at least four days.
That evening, he was in a Sangster Street apartment with Daley, Daley's girlfriend, Daley's son and another person.
Daley and his girlfriend got into an argument, and Daley grabbed her by the throat. Later, Daley went downstairs to answer the door and Daley's girlfriend asked Mischiek for help.
Mischiek later left the apartment but returned again.
Mischiek was in the kitchen with Daley and Daley's girlfriend. According to the agreed facts, he said, "don't touch her again," pulled a sawed-off .22 calibre semi-automatic rifle from a pocket and shot Daley once.
Mischiek left the apartment and was later arrested. Daley was taken to hospital with a faint pulse but died.
Dysart said an autopsy found Daley was shot in the back.
Because it was a joint recommendation, the judge mainly had to decide whether he agreed with the proposed length of time before Mischiek is eligible for parole. The Supreme Court of Canada has previously ruled judges must follow joint recommendations in most instances.
The other decision the judge had to make was how long Mischiek will be prohibited from possessing firearms.
Crown prosecutor Justin Hébert requested a lifetime firearms prohibition. Defence lawyer Sylvain Pelletier asked the judge to impose a shorter firearms prohibition of 10 years, the mandatory amount in the circumstances.
The judge imposed a lifetime prohibition.
Mischiek was also ordered to have no contact with several members of Daley's family.
Sentenced for jail assault
Last month, Mischiek pleaded guilty to a charge of assault causing bodily harm against Andrew Caissie on Dec. 15, 2020, while in the Shediac jail.
Provincial court Judge Troy Sweet was told Cassie was using a phone in the jail when Mischiek and another inmate approached, spoke to Cassie and then began punching him.
Cassie was left with a black eye, cuts on his face and a broken nose that required surgery.
Sweet imposed a three-month jail sentence that will be served at the same time as Mischiek's murder sentence, meaning it won't affect how much time he ultimately serves.
Sweet said the assault would likely be a factor in Mischiek's eventual parole hearings.