There are only three months left if Crown prosecutors want to reinstate first-degree murder charges against a man accused of killing two people in southwest Edmonton, though the family of one of the victims believes it is “doubtful” that will happen.
On Oct. 30, 2015, the bodies of Daniel Fullerton, 28, and Dianna Wilk, 28, were found in a vehicle in Windermere near 173 Street and 11 Avenue SW. Police said the pair died of gunshot wounds.
Philip Jason Vanderwell was later arrested and charged with two counts of first-degree murder. Those charges were stayed on Oct. 27, 2017, according to Katherine Thompson, spokesperson for Alberta Justice and Solicitor General.
READ MORE: Edmonton police lay charges in Windermere double homicide
Thompson said the decision was made after “additional information came to light.”
“The Crown evaluated this information and directed a stay of proceedings due to there no longer being a ‘reasonable likelihood of conviction,’” she said.
Thompson said the Crown has one year from the time a stay is filed to potentially reinstate the original charges and “it would be inappropriate to comment further at this time.”
The decision was hard news to swallow for Linda Fullerton, Daniel’s mother.
“I told [the Crown] I wasn’t impressed,” she said.
Denise Fullerton, Daniel’s younger sister, echoed that sentiment.
“It was disappointing, to say the least. We had been waiting for it. It was hard to get closure,” Denise said.
The pair said Daniel, who is originally from Rosetown, Sask., moved to Alberta after graduating in 2005. They said he worked in the oilfield and was working as a pipeline welder at the time of his death.
Linda, who described her son as upbeat, sociable and respectful, said the news of Daniel’s death back in 2015 was shocking.
“It wasn’t believable,” Denise said about hearing of Daniel’s death. “I thought it was some kind of sick joke.”
The family, who said they do not believe Daniel was involved with gangs or drugs, said they felt some relief when they heard an arrest had been made; both had never heard the name of the accused until then.
“It was a little bit of closure,” Linda said.
But that feeling was shattered after the family was informed prosecutors in Alberta stayed the charges and would not be pursuing the case any further.
“We had no idea why it happened or who this Philip even was. We were looking forward to a trial to try and answer some questions,” Denise said.
“It just would have been nice to know something.”
Linda said she typically texted or talked with Daniel at least once a day; both said the wait, as the case wound its way through the justice system, was difficult.
“It was a big vacancy in our lives. There was that great big hole that just wasn’t filled by him anymore,” she said.
“It sucks,” sister Denise said. “Danny would have a niece and nephew by now that he never got to meet. We’ve spent three Christmases without him.”
While Linda said she believes it is “doubtful” the murder charges will be reinstated, Denise said she is trying to stay positive.
“I try to stay hopeful and optimistic, but it’s kind of just another big letdown. I’ve seen how our justice system works and unfortunately it’s not the smoothest system out there,” she said.
Linda agrees, saying she does not believe the court system gave her son justice.
“It’s not fair. I’m pretty sure it shouldn’t be called a justice system because, at this point, I don’t see any justice, at least not for Danny.”
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