BATTLEFORD — The court heard from family members and friends affected by the death of Lee Bearsears during the sentencing hearing for Craig Fox at the Court of King’s Bench in Battleford on Aug. 24.
Fox was previously found guilty of second-degree murder in the death of 31-year-old Bearsears.
Justice Rochelle Wempe delivered her verdict in the case on May 25 at the Court of King’s Bench in Battleford.
Cut Knife RCMP found Bearsears' body in a rural area on Poundmaker Cree Nation on Oct. 16, 2023. Bearsears was from Little Pine First Nation.
In delivering her verdict, Wempe said Bearsears died from a gunshot wound to the back of his head while sitting in the front passenger seat of his truck on Oct. 15, 2023.
During the sentencing hearing on Aug. 24, the court heard the conviction warrants an automatic life sentence. The Crown requested a minimum of 15 to 20 years be served before eligibility for parole. The Defence asked for a minimum of 10-years be served before eligibility for parole. Ten years is the default period.
"The whole point of second-degree murder is the judge has to determine, do you serve a minimum 10 or do you serve the maximum of 25 [years]," said Crown prosecutor Oryn Holm. "The question is: how much time do you have to serve before you're eligible to get parole?"
When the victim impact statements were read, Lee’s sister, Kaylyn Bearsears, said Lee was the father of six children.
“Everyone who needed guidance, he helped them,” she said. “Our brother was a father figure in our lives.”
Kaylyn said that, at Lee’s wake, she noticed the gunshot wound on his head.
“I know why now he has that gash,” she said. “I had nightmares, [and was] praying for answers.”
Kaylyn also addressed Craig Fox directly.
“I always thought someone else did it, never believing it was you,” she said. “I want everyone to know, even though you took my brother, his name lives on. His face is shown all over Canada.”
Kaylyn also talked about the need for justice for all missing and murdered people.
“No one can hurt him no more,” she said. “He was a good man, hard-working. I thank the advocates for spreading his name.”
Leslie Bearsears, Lee Bearsears’ mother, also addressed the court, reading from her statement.
“I almost died when you took him away from me,” she told Fox. “I will continue to fight for him. I pray for the judge to give you the proper sentence.”
Holm said Fox had a motive for killing Lee Bearsears.
“Mr. Fox had animosity due to charges [Bearsears] was facing at that time,” he said.
The agreed statement of facts read in May stated that Bearsears had previously been charged with sexual assault. Bearsears had denied the charges and pleaded not guilty, and a preliminary hearing was scheduled for January 2024.
The judge said Fox became aware of the allegation.
As another aggravating factor, the Crown said Bearsears’ body was “callously left in a field” after he was killed.
In reviewing Fox’s criminal record, the Crown said Fox had a prior incident of violence.
“[It] shows a pattern of not addressing his risks,” Holm said.
Fox was also under a firearm prohibition at the time of the incident.
The defence said Gladue factors were present in Fox’s case.
She said Fox has substance abuse issues that he is dealing with.
For his future, Fox wants to focus on his education and maintaining his sobriety.
The defence said Fox has expressed remorse about the incident.
When asked by the judge whether he had anything to say, Fox declined.
Sentencing in the case has been adjourned to Sept. 25 at 3 p.m.
Following court, Leslie Bearsears said she was not happy that the judge reserved her decision.
“I was hoping that they would sentence him today,” she said. “We’ll be back Sept. 25 and hopefully they’ll decide then. I’m hoping for a life sentence without parole, but who knows?”
Leslie was disappointed Fox declined to speak during court when asked if he would like to address the room.
“I wasn’t happy,” she said. “He did the crime. He should say something, or at least [say] ‘sorry.’ He had no heart for us. He just thought about himself. He didn’t think about anybody else.”
