GANDER -
The facts pertaining to the 2008 shooting death of Diane Whiteway of Lewisporte were presented in Supreme Court in Gander on June 3.
This was part of the sentencing hearing for the man who pled guilty to shooting Ms. Whiteway, her now 23-year-old stepson Jonathan Whiteway.
Whiteway pled guilty to a charge of second-degree murder on March 18 of this year.
Crown prosecutor Tina Walsh presented an agreed statement of facts pertaining to the March 19, 2008 shooting that took place in the family home.
Ms. Walsh noted that Whiteway has had mental health issues since the age of 16, eventually being diagnosed as schizophrenic. Up until the time of the shooting he had been taking bi-weekly injections of medication to treat his condition.
A psychiatric evaluation of Whiteway determined he was criminally responsible and could stand to face charges in this matter.
A prior instance was noted where Ms. Whiteway sought medical attention after Whiteway had pushed her and she had a bump on her head. That was the September before she was shot. She didn't seek further action on this because she had been afraid of her stepson, but she wanted to ensure the incident had been documented.
The Crown presented a four-page letter that Ms. Whiteway had written and was found by the RCMP amongst her personal papers as part of their investigation. She noted in the letter that she was fearful of her stepson and that he had even threatened to "put a bullet in her brain". Her husband Roger Whiteway had never received that letter.
Eight months prior to the shooting Ms. Whiteway and her husband had discussed her leaving the family home so that she and her 12-year-old son (who also lived in the residence and was in the home at the time of the shooting asleep in his bedroom 20 feet away) could live in an apartment elsewhere. The move never did happen.
Whiteway said in the video he wasn't aware that Ms. Whiteway's son was still at home the day he shot his stepmother. He figured he had gone to school, but there was a snowstorm that day and classes had been cancelled. Whiteway was asked what he would have done if he had known the boy was at home. He said he wouldn't have shot him and he wouldn't have shot his stepmother.
In a taped interview with the RCMP (from July 2, 2008), Whiteway discussed his history with his stepmother and the events of March 19, 2008.
Whiteway noted that morning he had gone to the home of a friend of his and found his ex-girlfriend in bed with his friend. It was later noted by the Crown that the woman at that house was not the ex-girlfriend of Whiteway as he had thought, but another individual.
Whiteway then proceeded home where Ms. Whiteway was sitting on the couch. He took out a .410 shotgun, loaded it and shot her in her right temple from a distance of what he said in the video to be around 10 feet. Even though Whiteway says he didn't aim for anywhere in particular, the Crown said Whiteway was described as an "avid hunter and excellent shot".
Ms. Whiteway was found slumped on the couch with a cup of tea between her legs. There was some indication from one of the neighbours who responded to the scene of breathing sounds from Ms. Whiteway and when the ambulance arrived there was believed to still be a pulse. She was transported to the Lewisporte Medical Clinic where she was pronounced dead.
When asked about the moments leading up to the shooting Whiteway said, "I just went up and shot her. That's it. I can't remember much of it."
Whiteway said his stepmother didn't move or say anything after he shot her, saying she just fell back in the couch. After shooting his stepmother Whiteway turned the gun on himself, causing damage to his chin and jaw. He left the house to seek help for his own injuries from neighbours on Poplar Street.
When asked why he shot his stepmother, Whiteway said he didn't know. The only reason he could give was that she nagged him and got on his nerves.
In the taped interview he said, "She was getting under my skin - getting on my nerves."
When asked if the idea of shooting Ms. Whiteway had been in his head for a while, Whiteway said that it wasn't. He said it was just something that he decided on that morning after returning from seeing someone he believed to be his ex-girlfriend in bed with his friend.
It was also indicated by the Crown that Whiteway had issues with Ms. Whiteway living in their house and taking away some of his father's attention. Whiteway said he never did tell his father that he would shoot his stepmother, but he said he did tell him he was "mad and frustrated" with her.
There was no submission on sentencing in court last Thursday. Whiteway will return to court on Sept. 8-9 where 11 victim impact statements will be delivered to the court by Ms. Whiteway's family members who all wished to present them verbally in court. There will be no submission on sentencing until that time.
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