N.S. soldier who killed comrade faces prison
Last Updated: Tuesday, September 29, 2009 | 10:07 PM AT
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The court martial of Cpl. Matthew Wilcox lasted nine weeks. (Andrew Vaughan/Canadian Press) A Nova Scotia soldier who killed his tentmate in Afghanistan will be sentenced to at least two years in prison, a military judge says.
But Cpl. Matthew Wilcox, 24, will have to wait until Wednesday morning for the details.
Wilcox, from Glace Bay, was convicted in July of negligent performance of duty and criminal negligence causing death in the shooting of Cpl. Kevin Megeney, 25, in Kandahar in 2007.
The judge, Cmdr. Peter Lamont, postponed the sentencing, though he discussed the matter in court Tuesday.
He indicated that Wilcox will have to serve at least two years behind bars in a federal prison. He also said there's a possibility the reservist could serve some time in a military jail in Edmonton.
As for Wilcox's future in the Armed Forces, the judge said "the court has it in mind to dismiss" him.
Outside the courtroom, lawyers for Wilcox urged people to try to understand the judge's position.
"He's certainly considering it very deeply, and I appreciate the fact that he's doing that," said Lt. Col. Troy Sweet. "It's a big effect for two families so it's appropriate that he take as much time as he needs to come up with an appropriate sentence."
Members of the Wilcox family console each other as they leave the courtroom on Tuesday. (CBC) Members of the prosecution also urged patience.
"What I can say is that the judge had questions. They were legitimate questions, and he received his answers," said Maj. Jason Samson. "He indicated, I guess, based on those answers, that he required some additional time to make his decision."
The prosecution is seeking dismissal and a six-year prison term, as well as a lifetime ban on certain weapons and a 10-year ban on all other weapons. It's unclear which weapons would be included in the lifetime ban.
The defence is seeking a one-year jail sentence and for Wilcox to remain in the Armed Forces with the lower rank of private.
During his trial, Wilcox testified that he heard a gun being cocked behind him and fired in self-defence. He said he only realized when he saw the body on the ground that it was Megeney — his friend and fellow reservist with the Nova Scotia Highlanders.
The prosecution argued that the two soldiers were playing a game of quick draw that went horribly wrong.
Members of the Megeney family sat quietly Tuesday as the judge spoke, while several members of the Wilcox family gasped and wept.
Outside the court, a Wilcox family member who asked not to be identified told CBC News it was like "torture" hearing bits and pieces but not the full sentence.
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