Article by Meredith Kerr, St. Paul Journal
Arizona Chastity Frenchman will spend another two years in prison for her part in the death of 83-year-old Alfred Wagner, who was killed in his Bonnyville home in October 2016.
Frenchman and her brother Frank James Frenchman were jointly charged with first-degree murder in the killing. She pled guilty to manslaughter on May 31, 2018.
Justice Peter B. Michalyshyn read his decision in the St. Paul Provincial Courthouse on Nov. 23, imposing a total sentence of five years and 55 days imprisonment followed by three years of probation. The conditions of her probation were not read into the court record.
Frenchman has served two years and 37 days of her sentence, but received credit for three years and 55 days for the time spent in custody waiting for her trial and sentencing.
When the case was last before the court on Sept. 5, Crown prosecutor Jeff Rudiak argued for a sentence of 15 years imprisonment, while defence counsel Rob Wachowich sought a sentence of five years.
The judge noted the value of the guilty plea to the lesser charge of manslaughter.
“There were triable issues with regard to the voluntariness of (Arizona) Frenchman’s statement and whether that statement would have passed charter muster. Crown acknowledges that without her statement, there was a substantially reduced likelihood of conviction,” said Michalyshyn.
In making his sentencing decision, Michalyshyn also noted, what he called mitigating factors, revealed in the pre-sentence and Gladue reports he received about Frenchman. Those factors included her Fetal Alcohol Spectrum Disorder or equivalent alcohol related disorder, her circumstances as an aboriginal, and her status as a youthful offender with no criminal record at the time of the offence, among other things.
“With appropriate intervention there is good reason to expect that she will be a low risk to re-offend. Without appropriate intervention the reverse may be true,” said Michalyshyn, who also noted access to substance abuse treatment programs as something that would contribute to Frenchman’s rehabilitation.
Rudiak said the Crown may appeal the sentence.
“The judge may have erred in law by overemphasizing certain factors and under emphasizing other factors,” he stated.
Pressed to specify what those factors were, he said there was far more focus on rehabilitation than on deterrence and denunciation of the crime.
“It may be that when he was looking at the agreed statement of facts he misconstrued some of the evidence,” noted Rudiak.
In his decision, Michalyshyn made repeated reference to the agreed statement of facts, in which Frenchman admitted to stabbing Wagner two or three times.
“There is no clear connection however between the wounds admitted by (Arizona) Frenchman and the medical examiner’s conclusion regarding cause of death,” said Michalyshyn.
He went on to discuss what “she” and “they” did according to that statement.
“What I have mentioned so far shouldn't be heard to minimize (Arizona) Frenchman’s involvement in the offence, but equally I must sentence (Arizona) Frenchman on what she has pleaded guilty to, and summed up, what she has pleaded guilty to is not entirely the same as what is laid out,” Michalyshyn detailed.
He added, “Her misconduct was such that is likely to have put the victim at risk of or caused serious bodily injury . . . But on the facts which she has pleaded guilty to, it does not in my view fall in the near-murder category."
Wachowich called the case tragic and described the ruling as “a very good sentence.”
Present in court for the decision were Wagner’s granddaughter and other relatives.
His daughter-in-law Robin Duval said she’s “disgusted with the entire system.”
“They get to con their way into his house, tie him up, beat him, slaughter him, and live happily ever after,” expressed Duval.
Wagner was born Jan. 21, 1933 and died Oct. 16, 2016 at the age of 83. He worked as a mechanic and unofficial handyman. He spent his life caring for his eight children and his wife Blanche, who became sick after the birth of their youngest daughter. He was survived by his wife, six children, and nine grandchildren.
Frank James Frenchman’s jury trial on the charge of second-degree murder is scheduled for 10 days beginning March 11, 2019, in St. Paul.
