Joseph Irving found guilty of 2nd-degree murder in wife's death
CBC News | Posted: January 19, 2015 2:53 PM | Last Updated: January 19, 2015
Jury deliberated about three-and-a-half hours before delivering verdict
Joseph Paul Irving, 53, of Saint John, has been found guilty of second-degree murder in the death of his wife, Cynthia (Cindy) Irving, last March.
The jury delivered its verdict at about 2:45 p.m., after deliberating for about three-and-a-half hours.
There was a small exclamation in the courtroom, but Irving showed little reaction.
Second-degree murder carries an automatic life sentence, but parole eligibility could be anywhere between 10 and 25 years.
The jury was asked to recommend when Irving should become eligible for parole, but chose not make a recommendation.
Irving will be sentenced on March 10.
The victim's father, John Thorne, told reporters outside the courtroom he is "pleased" with the guilty verdict.
Thorne and his wife, Faye, are looking after the four Irving children, the trial heard.
He declined any further comment.
Justice William Grant had previously instructed the jury that the only possible verdicts were guilty of murder, or guilty of manslaughter.
"I am the judge of law, you are the judges of the facts," Grant had said.
The jury began deliberations about 11:15 a.m., after hearing closing arguments, which centred around intent.
Crown prosecutor Kelly Winchester argued the accused had to make the "conscious decision" to leave their bedroom to confront his wife before the attack.
His repeated strangulation, despite her struggle, "is intention to kill," said Winchester.
Last week, the jury watched Irving's videotaped statement to police, where he said he had strangled his wife with his bare hands, then dragged her into the bedroom and used an electrical cord.
"No voices told him to kill her," said Winchester, referring to Irving's statement that he did what the voices were telling him to do.
"He never checked once to see if she was breathing," said Winchester.
"What did he do? Nothing."
Winchester argued Irving "could not accept" the fact his wife wanted to leave him.
But Jeremy Erickson, the defence lawyer, countered that a sour marriage does not speak to Irving's state of mind at the time she was killed.
"It's a bit of a red herring," he said, as Irving sat in the prisoner's box, with the long hair and beard he had sported throughout the trial, now cropped off.
Erickson said Irving's attempt to plead guilty to the lesser charge of manslaughter at the beginning of the trial last week acknowledged wrongdoing.
"The question is one of intent," he said.
Cynthia Irving's body was discovered in her Carmarthen Street home on March 23.