Quesnel's Lona Cole was found guilty of manslaughter in the shooting of Robert Douglas by Justice Marguerite Church at the Quesnel Law Court Friday, April 25.
The shooting happened on July 6, 2020, in the home near Ten Mile Lake that Cole and Douglas — who were in a relationship — had shared for about a year.
While explaining the facts of the case, Church stated both Cole and Douglas had been drinking the day of the shooting. An intoxicated Cole was given a gun, and Douglas encouraged her to shoot him. Douglas had expressed suicidal ideation in the past and attempted to shoot himself, resulting in most of his guns being taken away. The gun that was used in the shooting was not taken.
After the shooting occurred, Cole called 911 and confessed to the shooting repeatedly, something she later also did to the Mounties.
"I killed the most beautiful man," she told a 911 operator, Church said.
Cole pleaded not guilty, arguing her level of intoxication and distress led to a false confession.
When RCMP arrived on the scene they moved the gun away from Douglas' body and attempted to do first aid, but noted he had no pulse and was not breathing. He was pronounced dead at the scene when B.C. Emergency Health Services arrived.
Officers noted Cole was clearly intoxicated, Church said, noting the Mounties who dealt with Cole said she smelled of alcohol and was slurring her words, telling officers she was drunk. She was advised that she didn't have to speak with officers and was brought to the Quesnel RCMP Detachment to meet a lawyer. Despite reminders she did not have to speak, and that what she said could be used against her, Cole continued to talk about the shooting.
"I don't even care if I get jail for 25 years to whatever. I don't care. I can't even wrap my head around what I did," she told an officer.
Church explained Cole told officers she had found Douglas once with a gun in his mouth and he tried to pull the trigger with his toe. She said she didn't know if it was an actual attempt at suicide or if it was a plea for help. Douglas was apprehended under the Mental Health Act, and told officers at that time he was planning to shoot himself in the head.
Investigators determined from the trajectory of the wound the shot came from in front of Douglas at a downward angle from left to right.
Church said a medical examiner testified the possibility that Douglas' wound was self-inflicted could not be ruled out, but noted the shot came from six to 12 inches away.
Church ruled Cole did cause the death of Douglas, noting the most compelling piece of evidence was the confession. Church stated that Cole had shown an ability to know what was going on around her at the scene of the shooting and was able to answer questions from 911 operator, paramedics and RCMP accurately, therefore her level of intoxication did not cause her to falsely confess to the shooting.
During the 911 call, Cole was able to not only provide her name to the operator but correct the spelling. She was able to describe Douglas to a BC Emergency Health Services worker who was attempting to determine how she might be able to save him. Cole was also able to describe the location of the gun and understood when police arrived she was to put her hands up and not touch the gun.
Church also ruled evidence showed it would not have been physically possible for Douglas to have shot himself. Church noted while the medical examiner said it was possible for the gunshot to have been self-inflicted, the examiner was not told the make and model of the gun.
In the noted attempts and ideation Douglas had of taking his own life, each time it was related to shooting himself in the head, not the chest.
"It is not only almost physically impossible, it is also contrary to common sense and human experience," Church said. "This evidence is, however, entirely consistent with Ms. Cole firing the Winchester rifle at Mr. Douglas' chest as she admitted to the 911 call-taker."
What Church could not find beyond a reasonable doubt is that Cole intended Douglas' death.
"He's like 'just shoot me! shoot me! shoot me!' and I was like 'pop' and then I pulled the trigger," Cole told the 911 operator "We both had this look on our face because we were both shocked when the gun went off," Cole later said to Mounties at the detachment. The comment about her being shocked when it went off was repeated several times while talking to officers.
Cole told officers Douglas was expressing suicidal thoughts on July 6, but that was not irregular for times the two drank heavily together and the events of that day were like any other.
"In my view, it is a reasonable inference that Ms. Cole did not load the cartridge in the Winchester rifle and her expression of shock at the gun going off was because she was either unaware it was loaded or she believed it was unloaded," Church said.
Because it had not been proven beyond a reasonable doubt that Cole knew the gun was loaded, and with her advanced level of intoxication impairing her judgment, Church did not find Cole guilty of murder.
"I find Lona Lynette Cole not guilty of second degree murder while using a firearm and guilty of the lesser, included, offence of manslaughter with a firearm," Church said.
The maximum penalty for manslaughter is life in prison, with parole eligibility after seven years. The minimum sentence for manslaughter with a firearm is four years in prison with parole eligibility after serving one third of the sentence.
A sentencing date was not immediately set after the verdict.
