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Woman sentenced for fatal shooting

Martha Mary Joseph to serve 639-day conditional sentence order for June 2018 death of Shauna Sam
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Tearful and sobbing, a woman who took responsibility for a fatal shooting apologized to the victim's family Wednesday prior to being sentenced at the Prince George courthouse.

Martha Mary Joseph, 39, turned to the gallery to face the family of Shauna Sam.

"I am really sorry for what happened, I didn't mean to, it was an accident," Joseph said, her voice shaking as she read from a prepared statement. "I always have her and her family in my prayers. It has always been with me since the day it happened and I'm so very sorry."

Joseph, who had pleaded guilty to careless use of a firearm, was sentenced a 639-day conditional sentence order, or two years less a day minus credit of 90 days for time served prior to sentencing. The maximum sentence for the offence is two years in prison.

According to an agreed statement of facts, Joseph was sitting in the back seat of a car during the early morning of June 21, 2018 when a .303 rifle in her possession went off. 

Sam was sitting in the front passenger seat, directly in front of Joseph, and the bullet struck Sam in the back.

The two women and two men had been driving back to the Yekooche reserve, about 75 kilometres northwest of Fort St. James, after they had gone out to fire off some rounds at a nearby clearing. 

Despite efforts to save her, Sam was unable to survive the blood loss. She was 39 years old at the time of her death.

In sentencing Joseph, B.C. Supreme Court Justice Simon Coval agreed to a joint submission from Crown and defence counsels.

Based on the victim impact statements read into the court record earlier in the day, Coval said the loss of Sam has had a "terrible impact on the family."

Sam, who left behind a son who was 12 years old at the time, was described as a "kind and loving soul" who was a "light in all our lives." 

Her loss left family members depressed and angry and "beyond devastated," causing some to turn to drugs and alcohol and her mother to die from a "broken heart."

Joseph soon admitted to police that she discharged the firearm and to have consumed alcohol prior to the incident, prompting Coval to call the incident "another terrible example that guns and alcohol don't mix."

Other evidence included a picture from Joseph's cellphone showing the gun lying beside her in the vehicle.

A firearms analyst later determined that the gun had a "light trigger pull" of about 3 1/4 pounds of pressure, about half the standard of 5-6 pounds.

Joseph had completed the course to acquire a firearms acquisition licence but had not been issued one at the time of the incident, the court was also told.

Due to a lack of cell service in Yekooche, Joseph will serve the term at a cousin's home in Fort St. James and wear an electronic monitoring device for the duration.

For the first six months, Joseph will be under house arrest and will only be able to leave the property for employment or other compelling reasons such as a medical emergency. For the remainder, she will be subject to a curfew from 10 p.m. to 6 a.m.

She was also issued a 10-year firearms prohibition.

Joseph had been facing a charge of manslaughter prior to entering the guilty plea. In pleading guilty to the lesser count, Joseph waived her right to a trial.