HALIFAX - 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."
The defence has argued that such a sentence would be too harsh because the young soldier has already shown deep remorse since the March 6, 2007, shooting.
Lt.-Col. Troy Sweet has asked the court to sentence his client to one year in jail and told the military judge, Cmdr. Peter Lamont, that he believes the corporal could continue in the Forces.
The defence lawyer said Wilcox has already struggled with grief and regret over his friend's death.
In victim impact statements presented on Sept. 11, Wilcox's mother, Ann, apologized to the Megeneys.
"We just wanted them to know..." she said, gasping for breath as she stifled a sob, "how sorry we are."
She described her son as a "broken" man who has become withdrawn, sleep deprived and has violent nightmares.
She also said that relatives seldom leave him alone, as they fear he might harm himself.
Michel Drapeau, a military defence lawyer, said a six-year sentence and dismissal from the Forces would be too extreme given the circumstances of the crime.
The prosecution argued that the two friends may have been playing a game called "quick draw," while Wilcox testified he'd heard a gun being drawn, then whirled and shot without looking at the target.
Drapeau said a dishonourable discharge from the military for such an offence would "cast a lifelong pall of disgrace over a soldier."
"There's been cases before where soldiers have continued to serve and serve very long. Nobody questions his (Wilcox's) loyalty or dedication," he said.
Drapeau said a sentence to the military prison in Edmonton would be much tougher than a civilian jail.
In a sexual assault case last year, judges with the Court Martial Court of Appeal described conditions in the military prison as "harsh for a detainee."
"The focus on detention in military detention barracks or in imprisonment in service prisons is put on discipline. Hence, they follow a severe daily routine ... no communication and smoking protocols and no visits other than official visitors."
Prisoners awake at 6 a.m., and spend most waking moments in a strict regimen of marches, repetitive drills and scrubbing chores, until bed time at 9 p.m.
A military spokesman said psychiatric and spiritual assistance is provided at the jail.
"All inmates at the Canadian Forces Service Prison and Detention Barracks are provided with professional and timely medical and mental health care," the spokesman said in an email.
"In addition to these services, all inmates also receive regular visits, twice weekly, by the base chaplain to provide for the inmates' spiritual counselling needs."
George Megeney said he feels empathy for the Wilcox family, but it's also important to send a message of deterrence to avoid similar incidents.
"The fact remains that this young man has committed a criminal offence and there has to be a sanction for that."
Wilcox's conviction for criminal negligence causing death is the first to occur in the army in over a decade. A Defence Department spokesman said the last such conviction was in 1992 and related to the operation of a motor vehicle in Germany.
