A Morinville man convicted of the brutal murder of his common-law wife was sentenced to life in prison Friday in front of a packed courtroom.
James Gary Urbaniak pleaded guilty in October to second-degree murder and received the life sentence with no chance of parole for 10 years Friday for the vicious beating death of Jessica Ryan Martel.
Martel's family and friends filled the benches of the courtroom and described, in a series of victim impact statements, how the attack had left them psychologically scarred to they point they had trouble sleeping. They also spoke eloquently of Martel and the joy she brought to their lives.
Lynne Rosychuk, Jessica's mother, told the court she had an incredibly close relationship with her daughter, whom she misses terribly.
They saw each other almost every day and spoke on the phone more often.
"Even now I wait for my morning phone call, but it will never come," she told the court.
Rosychuk and her husband Lawrence have taken over raising the couple's three children.
"This is not how I wanted to be a grandparent," she said.
The court heard in the agreed statement of facts that the young children were in the home when Urbaniak beat and then strangled Martel to death. The experience has left the children with deep psychological scars.
"They had witnessed the worst that could have happened," Rosychuk said. "They often ask us how come we did not come to save their mom."
Joint submission
The sentence came as a joint submission from Crown prosecutor Michelle Doyle and defence lawyer Michael Sparks.
Doyle read an agreed statement of facts that revealed that Martel and Urbaniak had been in a common-law relationship for more than 10 years.
The relationship was strained and volatile, with Urbaniak making frequent accusations against Martel and becoming jealous and controlling over time.
On April 29, 2009 Martel told her mother she had been arguing with Urbaniak and wanted to leave the relationship, but was afraid.
The statement said Martel had already decided to leave Urbaniak, but agreed with her mother to wait until later that night.
Rosychuk also told the court she had an uneasy feeling that day and sensed something bad was going to happen, but eventually dismissed it.
"How I wish I would have listened to that voice."
About an hour after Urbaniak arrived home the couple argued and he attacked Martel, beating her and opening two large cuts.
The medical examiner would later concluded Martel had been strangled to death.
At about 4:30 p.m. that day Urbaniak called his employer and said he would not be returning to work ever again. He would later call his mother and 911 around 7:30 p.m. and during both calls he said he had killed his wife.
Doyle said the brutal nature of the attack was shocking.
"Jessica was murdered in the place she was most entitled to feel safe," she said. "This crime speaks to a selfish, brutal, immature and pathetic offender."
Killing a mother of three in front of her children had created a profound impact on the family and the community, Doyle said.
"The tragedy left in the wake of Mr. Urbaniak's selfish, brutal act leaves a person nearly breathless."
Sparks spoke only briefly to the sentence and said Urbaniak had wanted to plead guilty from the start.
"He realized his actions ought to forfeit his life," he said. "He has not entered a guilty plea to get out of any punishment."
Urbaniak apologized to the family and said he was deeply sorry for everything he had done. He said he was glad the Rosychuks were raising his children and thanked them for that effort.
"I know nothing I will do will bring her back, but I am truly sorry."
Sentence
While handing down his sentence, Justice Sterling Sanderman spoke directly to the family and encouraged them not to equate the sentence with a measure of Martel's life.
"The impression I got from listening to all of you is that Jessica's life was priceless," he said. "One could not begin to place a value on Jessica's life."
He also emphasized the parole eligibility date was not the same as a release date and said it would be up to Urbaniak to eventually prove he deserves to be released.
Even if he is released he would never be a completely free man.
"He no longer has control over his life. It is controlled by the state until the day he dies."
Sanderman also told Urbaniak he should be ashamed for his actions.
"A completely defenceless person was beaten about her home for a prolonged period of time."
"This was a prolonged assault that conjures up an image of a caveman attacking some helpless quarry in a frenzy."
In addition to the sentence, Sanderman ordered Urbaniak to submit a DNA sample to the national database and imposed a lifetime firearms ban.
Outside the court, Martel's aunt Diane Cantrell spoke to reporters and said the family is focusing on the future.
"Right now they just want to focus on raising the children and trying to honour their memory the best they can."
One of the ways the family is looking at honouring Martel is through a charitable foundation in her name, she said.
Cantrell explained the goal of the foundation would be to help other battered women who might find themselves in a similar situation.
"In past attempts in leaving and trying to find resources she found it difficult," she said. "We would like to try and make it easier for other women."
