Reservist who killed fellow soldier on suicide watch, family tells court

SYDNEY, N.S. — A reservist convicted of criminal negligence causing the death of a fellow soldier in Afghanistan is facing up to six years in a penitentiary, including nine months in the Canadian Forces service prison in Edmonton.

Cpl. Matthew Wilcox, 24, of Glace Bay, N.S., could also be dismissed from the military.

At the sentencing hearing Friday, Wilcox’s parents described their son as strong and determined, but who has been haunted by night terrors since returning from Afghanistan.

In July, he was found guilty of negligent performance of duty for shooting his friend, Cpl. Kevin Megeney, 25, of Stellarton, N.S., with a pistol on March 6, 2007, at the Kandahar Airfield base.

The most serious charge of manslaughter was stayed by the four-member military panel.

As Megeney’s parents, Karen and Dexter, explained to the military court Thursday how their son’s death has affected their lives, both Keith and Ann Wilcox told the court how their son kicks his bedroom walls at night and what it feels like to be on almost constant suicide watch.

“He’s broken,” Ann Wilcox sobbed.

“We’re very cautious of leaving him alone. The psychologist told us suicide is very common.”

His sister Jennifer, who had a letter submitted to the judge pleading for leniency, doesn’t feel comfortable being left alone with him in the home at night.

Ann is a registered nurse and Keith works for Emergency Medical Care. Both jobs require shift work and it’s common for Ann to change her night shift to be able to watch over him.

Keith said his son has shut down emotionally. A once energetic hockey player who had aspirations of becoming a police officer, Wilcox has become a “much more quieter individual.”

“I find when he’s busy, he does better,” he said. “Some days are fine. And other days start out fine and then fall apart.”

Ann also looked to the Megeneys for some understanding in what her family has had to deal with. “I just wanted them (the Megeneys) to know how sorry we are.”

Prosecutor Maj. Jason Samson told military judge Cmdr. Peter Lamont in his final submissions that he must render a stiff sentence on Wilcox to act as a deterrent to other Canadian Forces personnel.

“A clear message must be sent to those soldiers who conduct unsafe weapons handling or to others who are contemplating the same,” Samson argued.

The prosecution has maintained Megeney’s death was a result of the young reservists playing a game of “quick draw” in their tent following a 12-hour shift working the main gate at Kandahar Airfield.

Other potential penalties facing Wilcox include the reduction in rank to private, a 10-year ban on the possession or handling of firearms, ammunition and explosives, as well as a lifetime ban on the possession or handling of prohibitive weapons such as an army-issued rifle.

The prosecution has also asked for a sample of Wilcox’s DNA.

Under the prosecution’s terms of sentence, Wilcox would be able to apply for day parole after serving nine months in a civilian federal institution — 18 months served in total.

Samson said the prosecution looked at several factors when determining the proper sentence, including the fact this was Wilcox’s first offence, he had a good work performance and the Canadian Forces employed him as a junior weapons instructor in 2008.

However, Samson argued, Wilcox hasn’t shown any “true remorse” in court because he testified that he intended to shoot at Megeney for fear of losing his own life.

“The offender had ample time to reflect and extricate himself, if he chose to do so.” Samson reiterated that Megeney’s death at the hands of Wilcox signalled a “breach in trust” among the soldiers.

Lamont has reserved his decision on sentencing until Sept. 29, at which time the defence will file an application for Wilcox’s release pending appeal.