Matthew Tucker denies memory of killing mother with shotgun

Matthew Tucker says he doesn't remember murdering his mother, Dorothy Tucker of Oak Haven, in 2014, but now suffers a "guilty feeling in the bottom of [my] stomach."

"She never closed the door on me," he told the Saint John Court of Queen's Bench on Wednesday during his sentencing hearing for second-degree murder.

Tucker, 36, who was found guilty by a jury in November, said he had been awake for four days prior to the shotgun killing and was living in fear.

"There is much I don't remember about what happened," he said, reading a handwritten statement aloud from the prisoner's box, sporting a grey sweatshirt, newly shaven head and a long goatee.

"I remember feeling scared, terrified to say the least."

"Nightmares and flashbacks put me in a constant panic," said Tucker, who claims he was abused as a child, while staying with friends or relatives.

He said he thought he went to bed on the night in question — Nov. 10, 2014. He remembers looking out a window of the Oak Haven home he shared with his mother and remembers driving her white Escape, he said.

"It was all like it was part of a dream," he said.

Body found wrapped in plastic in woods

Ten days later, hunters discovered the body of Dorothy Tucker, 53, in a wooded area off St. David's Ridge Road near St. Stephen. One of the hunters had testified he "almost passed out" at the sight.

She was face down, wrapped in clear plastic, with rope tied around her neck, waist and legs, with her bare feet sticking out. She died from a single gunshot to the head.

A second-degree murder conviction carries an automatic life sentence, but parole eligibility can range from between 10 and 25 years.

On Wednesday, Justice William Grant heard sentencing recommendations from the Crown and defence.

Twelve victim impact statements were also submitted for the judge's consideration.

Grant reserved sentencing until Jan. 25 at 9:30 a.m.

Foster daughter 'almost broken' by death

One of the victims the court heard from was Casey Taylor. Dorothy Tucker was her foster mother for almost four years, she said.

When Tucker was reported missing, Taylor said she prayed she was still alive.

When she heard Tucker was dead, she "dropped to the floor crying in disbelief."

"I was almost broken," said Taylor, reading her written statement aloud.

Tucker's death caused her to withdraw from the New Brunswick Community College, she said.

Crown recommends 18-year parole eligibility

Prosecutors contend Tucker should be required to serve 18 years before becoming eligible to apply for parole.

Tucker tried to cover up the murder and direct police suspicion toward others, argued Crown prosecutor Jill Knee.

Aggravating factors included the brutal and senseless nature of the murder, the use of a firearm and Tucker's criminal record, said Knee.

His pre-sentence report was not positive, she added. It included an assault on a partner and a threat against another, the courtroom heard.

Defence lawyer Peter Corey had urged the judge to consider imposing parole eligibility of between 10 and 15 years, citing the case of Dennis Oland.

Oland, 48, had been sentenced to the minimum 10-year parole eligibility in the 2011 bludgeoning death of his father, multimillionaire Richard Oland, before his conviction was quashed and a new trial ordered by the New Brunswick Court of Appeal.

Both cases involved the second-degree murder of a parent, said Corey, describing the Oland case as being "much more grave and serious."

Previous diagnosis of paranoia

The trial heard Tucker had sought psychiatric help at a hospital emergency room in Oromocto hours before he killed his mother.

Corey said Tucker was previously diagnosed with acute stress disorder and paranoia, and there was no evidence alcohol or drugs were factors in the murder.

Tucker's prior criminal record is "not a significant" one, said Corey. It includes a refusal to submit to a breathalyzer test, flight from police, uttering threats and assault, which mostly resulted in fines, and a total of 60 days behind bars, he said.

Tucker also has four children, who have been supportive of him, said Corey, describing the Crown's recommendation of 18 years as "excessive."

The jurors who found Tucker guilty on Nov. 15 declined to make a recommendation on parole eligibility.

Tucker did not testify at the trial and the defence did not call any witnesses.

Jurors had the options of finding Tucker not guilty, guilty of manslaughter or guilty of second-degree murder.

The jury did not hear that Tucker had previously pleaded guilty to second-degree murder on Jan. 8, 2015.

That guilty plea was thrown out by Court of Queen's Bench Justice Darrell Stephenson during an extraordinary sentencing hearing in February 2016, after Stephenson addressed Tucker directly to ensure he understood he was admitting he killed his mother, that he meant to kill her, or that he meant to cause her bodily harm and was reckless as to whether that led to her death.