House arrest for women who assisted sick matriarch’s suicide

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Karen Gunby wanted to die.

Bedridden and in excruciating pain, the terminally ill Windsor senior asked family to end her life.

Her granddaughter researched and obtained medication. Her daughter held the cup while Gunby, 79, drank as much orange juice and drug cocktail as she could.

When that failed to kill her, her daughter held a pillow over her mother’s face, then a plastic bag, until Gunby suffocated to death at home. It was Jan. 2, 2022.

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Following an investigation by the Windsor Police Service’s major crimes branch, both women who assisted in Gunby’s death were charged with first-degree murder.

On Thursday, Ontario Court Justice Sharon Murphy handed Erica Duarte, 51, and Jade Scheffner, 25, conditional sentences of house arrest for their roles in Gunby’s death.

“They have lost a loved one whose death was inevitable,” Murphy told the court. “It was Ms. Gunby’s wish to die. I agree that this is a specific circumstance and that it is a tragedy.”

Initially facing the prospect of life sentences upon conviction for murder, both women were allowed to plead guilty to lesser charges in earlier court proceedings — Duarte to a charge of manslaughter, and Scheffner to a charge of assisting in suicide.

The court heard that Gunby was diagnosed with endometrial cancer in January 2021. It was her second cancer diagnosis.

By May 2021, the disease was terminal and she ceased treatment. She told her daughter she wanted to die at home.

Both Duarte and Scheffner were aware of medical assistance in dying (MAID), a process whereby someone found eligible under specific circumstances and rules can receive assistance from a medical practitioner in ending their life.

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MAID would have required Gunby to enter a hospice, the court heard. The court heard she likely would have died before the MAID protocol — which can take weeks or months — could be completed.

After Gunby’s death, Duarte confessed her actions to a counsellor, who reported the incident to Ontario chief coroner’s office. That’s how city police were alerted to the actions of Duarte and Scheffner. Both co-operated with law enforcement.

Gunby “clearly expressed her wish to die by suicide,” the judge said. The grandmother “signed a contract to that effect” — a contract Duarte, Scheffner, and other relatives also signed. Gunby had also authorized a do-not-resuscitate order.

“What must be deterred,” Murphy said, “is individuals stepping outside the medical assistance in dying regime and taking matters into their own hands.”

Seated side-by-side in court with several supporters in the public gallery behind them, the pair wept, drying tears with crumpled tissues as Murphy read out their sentences.

For her more serious charge and actions in smothering Gunby, Duarte was sentenced to 18 months of house arrest followed by 12 months of probation. She must perform 80 hours of community service, submit a blood sample for a police databank, and is prohibited from owning a weapon for 10 years.

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Scheffner received 12 months of house arrest followed by 12 months of probation. She is also subject to a decade-long weapons ban.

While serving their conditional sentences, both women can only leave home for school, work, court, religious services, medical appointments and medical emergencies.

Murphy ordered both women to attend counselling as a condition of their sentences.

“The simple fact is that Ms. Gunby was in the final stages of dying and in excruciating pain,” the judge said. “She was competent to make her own decisions.

“There is no evidence of any influence upon Ms. Gunby. Both accused have expressed regret and remorse, which I accept.”

The Crown had sought much harsher eight-year prison sentences for both women. Following Thursday’s sentencing hearing, assistant Crown attorney Ilana Mizel declined to comment.

Duarte’s defence lawyer Laura Joy had sought a conditional sentence of between 18 and 24 months and a period of probation for her client.

Joy said her client and her family were “absolutely relieved” following Murphy’s decision.

“These are law-abiding, productive members of the community,” Joy said. “This was during COVID. Her mother was in terrible distress, pain, and agony with a terminal illness.

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“They had to unfortunately take matters into their own hands at their mother’s and grandmother’s wish.”

Scheffner’s lawyer Evan Weber had sought a conditional sentence of between 12 and 15 months for his client.

Faced with the prospect of lengthy jail time, Weber told the Star his client was “pleased with the fact that the judge took everything into consideration and allowed her to serve the sentence in the community.” However, Weber said, “the underlying pain and sense of loss is still there,” with Scheffner’s emotions on display in the courtroom.

Murphy arrived at an “appropriate sentence,” Weber said, “given the very unique set of facts.

“The offence was committed, essentially out of love. It doesn’t make it less criminal — but it certainly was mitigating,” Weber said.

tcampbell@postmedia.com

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