A lawyer who fatally stabbed her boyfriend during a drunken dispute in west Edmonton more than two years ago was sentenced to five years behind bars on Wednesday.
In her sentencing, Justice Monica Bast said she doesn’t believe Laurie Jean Cunningham intended to kill Mark Huemer, but said Cunningham’s responsibility is still high.
Cunningham, who was 60 at the time of her arrest in November 2017, was initially charged with second-degree murder but pleaded guilty to the lesser charge of manslaughter in an Edmonton courtroom on Monday.
Crown prosecutor Shane Parker wanted Cunningham to serve six years, while defence attorney Mona Duckett pushed for three years.
Cunningham was sentenced to five years in prison, less 35 days worth of credit for time served.
She was arrested on Nov. 7, 2017 at a home near 87 Avenue and 178 Street in west Edmonton. Officers were called to a disturbance at around 9:30 p.m. and arrived to find a man had been stabbed.
Mark Huemer, 59, was pronounced dead in hospital.
In court on Monday, Cunningham, a family lawyer, gave emotional and dramatic testimony about the events leading up to the stabbing.
Cunningham said she’d been in a rocky, on-again and off-again relationship with Huemer for a year, testifying he had verbally abused her.
Court heard she was addicted to alcohol at the time and Huemer also drank frequently.
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Both were drunk and Cunningham had also taken prescription sleeping pills on the night of the stabbing, according to an agreed statement of facts.
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Huemer had proposed they get married, Cunningham said, adding they’d been cuddling and things were pleasant. She testified that Huemer wanted to have sex after popping the question, but she said no and wanted to continue cuddling.
She testified things got violent after her refusal, claiming Huemer started yelling profanity at her, demanded the engagement ring back, and then pushed her. She said she fell and he began kicking her.
Cunningham said she eventually got up, went to the kitchen and tried to get to the back door. She said he punched her in the face and she fell again, adding Huemer put his foot on her chest and wouldn’t let her get up.
“I’ve never been so scared in my life before,” Cunningham testified. She said when he walked away to make a phone call, she grabbed a knife and told Huemer she wanted to leave.
She claimed she doesn’t remember what happened after that and didn’t intend to hurt her partner.
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The Crown on Monday argued Cunningham was not a reliable witness and played a 911 call in which Huemer asked for an ambulance because Cunningham was so intoxicated.
In the 911 call, Huemer said they had drinks but he also believed she was on other drugs and she had hit him. He said Cunningham was unconscious on the ground and needed help. Cunningham could be heard crying in the background of the call.
The call ended abruptly with Huemer saying, “Ow, ow, ow, she stabbed me. What the f—k?!?”
Police said they found Cunningham passed out on the floor, lying on top of the 20-centimetre long chef’s knife used to stab Huemer in the abdomen.
Huemer was also found unresponsive, bleeding severely. He died of the stab wound, which punctured his iliac artery.
A toxicologist determined Cunningham’s blood-alcohol content (BAC) at the time of the stabbing was between 189 and 309 milligrams per 100 millilitres of blood. The legal driving limit is 50 milligrams per 100 millilitres (a BAC of 0.05 per cent).
Huemer’s blood-alcohol content was four times the legal driving limit at the time of his death, the toxicologist confirmed.
A victim impact statement from Huemer’s son was also read in court on Monday.
He described having nightmares and turning into a troubled soul after his father’s death.
Photos of Cunningham taken in remand were also introduced as evidence, showing bruises on her face, arm and shoulder, as well as stitches on her hand. (Scroll down for the photos)
The Crown said Cunningham exaggerated the abuse she received during her relationship with Huemer.
According to the Law Society of Alberta’s website, Cunningham is on administrative suspension.
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