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I stand to be corrected, but did Kyle Brown not do two years in DB and then Released from the CF and transferred to a Federal Penitentiary.
Cpl Wilcox court martial - Sydney NS
- Thread starter GAP
- Start date
- Reaction score
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I think what happens will Cpl Wilcox will depend on how the sentence is handed down. Both sides are not seeking the maximum sentence. A quick google search brought up this reference of the CFDBSP from the CMP website.
Note: I highlighted the appropriate area.
Note: I highlighted the appropriate area.
- Reaction score
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Der Panzerkommandant.... said:
Toronto Star Tuesday, December 29, 1998 page A7:
"Private Kyle Brown later served 20 months of a five year sentence"
Friday 17 Nov 1995: page A14:
"Bowden, Alberta: ..........released from prison yesterday...........Kyle Brown eluded reporters after he was let out earlier than expected from Bowden Institution in Central Alberta."
http://www.csc-scc.gc.ca/text/facilit/institutprofiles/bowden-eng.shtml
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Soldier should get jail time: family
By Michael Tutton, THE CANADIAN PRESS
Article Link
HALIFAX, N.S. - Family members of a corporal who was shot and killed by his tentmate in Afghanistan say they hope a judge will sentence the young soldier to military prison and dismiss him from the army.
Cpl. Matthew Wilcox was convicted in July of negligent performance of duty and criminal negligence causing the death of Cpl. Kevin Megeney, who was 25, of Stellarton, N.S.
A charge of manslaughter was stayed, but the 24-year-old soldier from Glace Bay, N.S., could still face a maximum sentence of life in prison, with a least two years served in the military detention centre in Edmonton.
He is scheduled to be sentenced on Tuesday in Sydney, N.S.
The prosecutor, Capt. Jason Samson, has argued for six years in jail for Wilcox and dismissal from the Armed Forces.
George Megeney, the uncle of the dead soldier, said "the family agrees with the prosecutor's submissions to the court."
He noted that the minimum civilian sentence for criminal justice causing death is four years, and "the family feels that in this case there shouldn't be anything less than that."
Sherrie Lawand, Kevin's sister, said a sentence lower than the civilian minimum would be unfair to her brother's memory, and fail to recognize that "Kevin is never coming home."
"He was supposed to be in a safe place (in the tent). ... This is something that shouldn't have happened," she said.
Megeney said the family continues to be upset that the Defence Department employed Wilcox as a weapons instructor after he returned from Afghanistan in 2007.
"It was a slap in the face for the family," he said. "Dismissal from the Forces is something that the family hopes the judge will really consider."
More on link
It was my understanding that Megeney's parents did not want jail time for Wilcox, but apparently, other family members feel differently.
By Michael Tutton, THE CANADIAN PRESS
Article Link
HALIFAX, N.S. - Family members of a corporal who was shot and killed by his tentmate in Afghanistan say they hope a judge will sentence the young soldier to military prison and dismiss him from the army.
Cpl. Matthew Wilcox was convicted in July of negligent performance of duty and criminal negligence causing the death of Cpl. Kevin Megeney, who was 25, of Stellarton, N.S.
A charge of manslaughter was stayed, but the 24-year-old soldier from Glace Bay, N.S., could still face a maximum sentence of life in prison, with a least two years served in the military detention centre in Edmonton.
He is scheduled to be sentenced on Tuesday in Sydney, N.S.
The prosecutor, Capt. Jason Samson, has argued for six years in jail for Wilcox and dismissal from the Armed Forces.
George Megeney, the uncle of the dead soldier, said "the family agrees with the prosecutor's submissions to the court."
He noted that the minimum civilian sentence for criminal justice causing death is four years, and "the family feels that in this case there shouldn't be anything less than that."
Sherrie Lawand, Kevin's sister, said a sentence lower than the civilian minimum would be unfair to her brother's memory, and fail to recognize that "Kevin is never coming home."
"He was supposed to be in a safe place (in the tent). ... This is something that shouldn't have happened," she said.
Megeney said the family continues to be upset that the Defence Department employed Wilcox as a weapons instructor after he returned from Afghanistan in 2007.
"It was a slap in the face for the family," he said. "Dismissal from the Forces is something that the family hopes the judge will really consider."
More on link
It was my understanding that Megeney's parents did not want jail time for Wilcox, but apparently, other family members feel differently.
Judge to hand down sentence for convicted soldier
By: CTV.ca News Staff Tue. Sep. 29 2009 9:38 AM ET
Article Link
A judge is expected to hand down a decision on the future of a young soldier who has been convicted of causing the death of his tentmate in Afghanistan two-and-a-half years ago.
Cpl. Matthew Wilcox was convicted in July of negligent performance of duty and criminal negligence causing the death of Cpl. Kevin Megeney, who died after he was shot in his tent at the Kandahar airfield on March 6, 2007.
Megeney died 30 minutes after being shot by Wilcox.
At his eventual military trial, Wilcox said he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he was involved in a game of "quick draw" when Megeney was fatally shot.
Cmdr. Peter Lamont is expected to decide the punishment of the 24-year-old Wilcox today at a military court in Sydney, N.S.
More on link
By: CTV.ca News Staff Tue. Sep. 29 2009 9:38 AM ET
Article Link
A judge is expected to hand down a decision on the future of a young soldier who has been convicted of causing the death of his tentmate in Afghanistan two-and-a-half years ago.
Cpl. Matthew Wilcox was convicted in July of negligent performance of duty and criminal negligence causing the death of Cpl. Kevin Megeney, who died after he was shot in his tent at the Kandahar airfield on March 6, 2007.
Megeney died 30 minutes after being shot by Wilcox.
At his eventual military trial, Wilcox said he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he was involved in a game of "quick draw" when Megeney was fatally shot.
Cmdr. Peter Lamont is expected to decide the punishment of the 24-year-old Wilcox today at a military court in Sydney, N.S.
More on link
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The CBC is now (1002 Hrs) reporting: 4 years in prison and dismissal from the CF.
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From CTV news http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090930/soldier_sentence_090930/20090930?hub=Canada
A young soldier has been sentenced to serve four years in prison and will be kicked out of the military for fatally shooting his tentmate while they were serving together in Afghanistan.
Military judge Cmdr. Peter Lamont handed down the sentence against Cpl. Matthew Wilcox on Wednesday morning, more than two years after his tentmate was killed.
The 24-year-old Wilcox will also be dismissed from the military and banned from owning a weapon for five years.
The judge did not specify whether Wilcox will serve that time in a civilian or military prison, CTV's Todd Battis reported by telephone from Sydney, N.S.
Wilcox did not show much emotion when he was sentenced, Battis said.
"He remained stoic as he did throughout this process...he did not show any emotion," Battis told CTV News Channel.
It appears that the defence intends to appeal the judge's sentence, Battis said.
Wilcox accidentally shot Cpl. Kevin Megeney, a 25-year-old friend and fellow Canadian Forces member, while they were in their tent at the Kandahar airfield on March 6, 2007.
Megeney died a half-hour after he was shot.
The prosecution and the victim's family had pushed for Wilcox to be dismissed from the Forces. They also wanted him to serve six years in prison for his actions.
At his military trial, Wilcox claimed he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he and Megeney were playing a game of "quick draw" when Wilcox fired his weapon.
In July, Wilcox was convicted of negligent performance of duty and criminal negligence causing the death of Megeney.
With files from The Canadian Press
A young soldier has been sentenced to serve four years in prison and will be kicked out of the military for fatally shooting his tentmate while they were serving together in Afghanistan.
Military judge Cmdr. Peter Lamont handed down the sentence against Cpl. Matthew Wilcox on Wednesday morning, more than two years after his tentmate was killed.
The 24-year-old Wilcox will also be dismissed from the military and banned from owning a weapon for five years.
The judge did not specify whether Wilcox will serve that time in a civilian or military prison, CTV's Todd Battis reported by telephone from Sydney, N.S.
Wilcox did not show much emotion when he was sentenced, Battis said.
"He remained stoic as he did throughout this process...he did not show any emotion," Battis told CTV News Channel.
It appears that the defence intends to appeal the judge's sentence, Battis said.
Wilcox accidentally shot Cpl. Kevin Megeney, a 25-year-old friend and fellow Canadian Forces member, while they were in their tent at the Kandahar airfield on March 6, 2007.
Megeney died a half-hour after he was shot.
The prosecution and the victim's family had pushed for Wilcox to be dismissed from the Forces. They also wanted him to serve six years in prison for his actions.
At his military trial, Wilcox claimed he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he and Megeney were playing a game of "quick draw" when Wilcox fired his weapon.
In July, Wilcox was convicted of negligent performance of duty and criminal negligence causing the death of Megeney.
With files from The Canadian Press
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So, minus any time already spent behind bars awaiting sentencing, he'll most likely be out in 8 months on "supervision".
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In regards to my last.........though if he does have to do his first *cough* 2 years *cough* in SDB I have no idea how/if the military jail awards "good time" [remission] and/or if the Federal Parole rules apply even though the detainee is doing "Fed" time.
Anyone?
Anyone?
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If released (meaning, if his appeal fails), he will serve all of his time *whereever*, and then be released following that.ajp said:
For info, 2 years less one day I believe is the longest anyone can serve at DB. So, if the sentence remains at four years, then I believe that the first part would be in DB, and then following that, he would serve the remaining time in a federal institution.
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Since he will most likely just serve 1/6 of his sentence if he is released first and then goes straight to Club Fed I think one can be sure the folks who arrange these kinds of things [and don't like the public to know how pathetic the system is] will want him to do SDB time first...............
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[quote author=Bruce Monkhouse] I have no idea how/if the military jail awards "good time" [remission] and/or if the Federal Parole rules apply even though the detainee is doing "Fed" time.
[/quote]
Google is good. The refs I found are current: QR&O 4.26 - Transfers
Based on QR&O 5.05 through 5.07, time for remission does not start accumulating until the date of imposition of the punishment. 8 points per day maximum may be granted.
The sentence was 1460days (4 years). According to the calculation in QR&O 5.09 under perfect conditions (hard to achieve:
- subtract 14 days for stage 1
- 1446 days remaining. Find 3/5ths of 1446 to the whole number = 868
- 868 points needed for remission
- At 8 points max per day it would take about 3.5months and 5 days (+ the first 14days of stage 1) for remission.
Under the above formula, it is conceivable to serve the entire sentence within the CFDBSP and leave under the rules of remission, prior to the two years less a day kicks in.
[/quote]
Google is good. The refs I found are current: QR&O 4.26 - Transfers
Based on QR&O 5.05 through 5.07, time for remission does not start accumulating until the date of imposition of the punishment. 8 points per day maximum may be granted.
The sentence was 1460days (4 years). According to the calculation in QR&O 5.09 under perfect conditions (hard to achieve:
- subtract 14 days for stage 1
- 1446 days remaining. Find 3/5ths of 1446 to the whole number = 868
- 868 points needed for remission
- At 8 points max per day it would take about 3.5months and 5 days (+ the first 14days of stage 1) for remission.
Under the above formula, it is conceivable to serve the entire sentence within the CFDBSP and leave under the rules of remission, prior to the two years less a day kicks in.
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Good information. Now can you find the part that says you can only stay in SDB if your sentence is less then 2 years? Or the part that says there is NO civie record of you being in jail. There is only military records of you being in cells, and that is sealed to civies, so any time he did in SDB would not count.
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I can only Assume that this Pump will get a Dishonorable discharge......
I can only hope anyways..... All I've seen him do since that crappy night in Kandahar is try to cover his own ass and minimize what happened...
Wilcox, you ever read this, listen up, the most you can hope for is to suck it up, do your time, and carry on.... You have no place in this mans army if you refuse to openly admit your screw up. There is no excuse for a loaded pistol in the tent lines, and there is no excuse for horseplay with weapons ever. You got what you deserved.... if you suck it up, and deal with it, you could serve your 4-5 years get out, and it'll be forgotten by then.... at least across most of Canada.... you'll be able to live a reasonably productive life doing something.
Kevin will never again have that opportunity.
You are a disgrace to the CF and are surely no brother of mine.
I say Good riddance to him. we as an organization are now stronger for removing this weak link....
I only hope that Kevin's family will be able to find some closure.... and that his appeal is shot down most ricky tick.
Regards,
Tommy
I can only hope anyways..... All I've seen him do since that crappy night in Kandahar is try to cover his own ass and minimize what happened...
Wilcox, you ever read this, listen up, the most you can hope for is to suck it up, do your time, and carry on.... You have no place in this mans army if you refuse to openly admit your screw up. There is no excuse for a loaded pistol in the tent lines, and there is no excuse for horseplay with weapons ever. You got what you deserved.... if you suck it up, and deal with it, you could serve your 4-5 years get out, and it'll be forgotten by then.... at least across most of Canada.... you'll be able to live a reasonably productive life doing something.
Kevin will never again have that opportunity.
You are a disgrace to the CF and are surely no brother of mine.
I say Good riddance to him. we as an organization are now stronger for removing this weak link....
I only hope that Kevin's family will be able to find some closure.... and that his appeal is shot down most ricky tick.
Regards,
Tommy
- Reaction score
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I don't buy the whole Self Defence Story fear for my life. He was ***king around playing quick draw and killed his friend... due to the fact he failed the proper clear his weapon, pretty sad I believe the military has a ethos that states Honesty and Integrity. I guess Wilcox missed that when putting on the uniform part time... Well lets just wait and see how may more NDs we have when some one looses there life. You know a soldier is not supposed to die back on camp it was a senseless death. Hurry for the justice system...nice work. Sorry for Cpl Megeney family was justice served only they know...Rip Cpl Megeney
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