Joseph Thauberger found guilty of 2nd-degree murder for his brother's death

Warning: this story contains graphic descriptions of violence.

Joseph George Thauberger, 80, has been found guilty of second-degree murder and offering an indignity to human remains in the death of his brother in 1997.

Following the guilty verdict Thursday afternoon in Regina Court of King's Bench, Joseph was sentenced to life in prison with no eligibility for parole for 10 years.

Patrick Cyril Thauberger, 53, was killed on Sept. 3, 1997, at 2721 Francis St. in Regina, where Joseph lived at the time. Joseph pleaded not guilty to both charges in March.

During the trial, the Crown argued Joseph killed his brother due to a disagreement over the sale of farmland. Joseph said Patrick died after falling down the stairs, calling it an accident. 

"The only conclusion that satisfies all the evidence is the deliberate murder of Patrick by blows to the head and strangulation, dismemberment of the skull and limbs from Patrick's body, and disposal of the missing body parts, perhaps with a tractor and a discer as the accused told Barbara," Justice Janet McMurtry said in court.

Barbara Hayes, who was Joseph's wife at the time of Patrick's death, had testified at the trial.

"I have no doubt the accused intentionally caused the death of his brother Patrick. As the accused told Barbara, he was proud of what he had done," McMurty said.

"The evidence that the accused intentionally caused his brother's death is overwhelming. The accused was upset that Patrick was selling land the accused believed belonged to him. They negotiated. The negotiations did not go well. Barbara heard a crash and Patrick saying in distress, 'No, no, no.' "

McMurty said she could not be certain to a necessary degree that Patrick's death was a planned and calculated scheme or deliberate. 

"There is a reasonable possibility that Patrick's murder was impulsive, after negotiations failed," said McMurty. 

The end of a cold case

Regina police confirmed in June 2021 that human remains found in rural Saskatchewan in December 2020 were those of Patrick, whose disappearance was deemed a cold case for more than two decades. 

A Regina Police Service sting operation that eventually led to the charge against Joseph began with an undercover officer posing as a man who had something in common with him. 

According to the Crown, after the two men developed trust between them, Joseph told the undercover officer that he had killed his brother Patrick and then buried him on farmland. The two later drove out to the land and Joseph pointed out the spot where he said his brother was. 

On Thursday, the judge said Patrick died in a manner that Joseph wanted to hide, which is why he dismembered the body.

Victim impact statements

Hayes was one of four to give a victim impact statement on Thursday. The other three are siblings of both Joseph and Patrick. Joseph, who was in a wheelchair alongside an oxygen tank, spent that period with his head in his hands.

Three of the people who gave victim impact statements said Joseph's actions led to their long-term medical and mental health issues. 

Hayes, who was in a different room of the house when Patrick died, said she has struggled with PTSD since the murder in 1997. She said she stayed with Joseph for as long as she did after the killing because she was scared for her life. She eventually moved away to Alberta. 

"Joseph Thauberger has broken me mentally, physically and financially," said Hayes. 

"He has no conscience or empathy, so he is not capable of remorse … he is responsible for damage caused to everyone around him."

Hayes shook and her voice broke as she told the court she wanted to find peace and heal. She said she no longer wanted to sleep with a knife beside her bed out of fear that someone would come to hurt her in the night.  

Marianne Thauberger, who also gave a victim impact statement, held up a picture of her brother Patrick for the court to see. In the picture, Patrick was outside in nature, wearing fishing clothes and smiling. She told the court of Patrick's various academic, personal and career accomplishments, as well as her admiration for him. 

"Unfortunately Patrick does not have the opportunity to tell us how he died," said Marianne. "He died an honest man with a strong conscience."

After the victim impact statements, Joseph was given a chance to speak to the court. He said he was surprised he was convicted of murder. He said there was no concrete evidence to support that he murdered his brother, and stuck by his claim that Patrick's death was an accident.

As he did during the trial, Joseph said he covered up Patrick's death because he thought he would be blamed for the "accident" and sent to prison. 

"Looking back over my history, I would have done the exact same thing [again]," he said. 

McMurty closed the day by addressing Patrick's family, saying she hoped they could find some closure now that Joseph is sentenced.

"This family has suffered horribly," the judge said.