Man who hid girlfriend's body in woods and lit her house on fire gets 8-year sentence
Philip Toner, 44, told police that Brenda Ware fell down the stairs after he hit her
The parents of a woman whose boyfriend hid her body in a forest after he pushed her down the stairs and lit her house on fire says they are broken and lonely following her death.
On Monday, Alberta Court of King's Bench Justice Glen Poelman handed Philip Toner, 44, an eight-year sentence for his role in Brenda Ware's death and his actions afterward. With credit for the time he's already served since his arrest, Toner has two years, nine months left in his sentence.
Toner was originally charged with second-degree murder in the death of Ware, 35, but pleaded guilty to aggravated assault and arson because the medical examiner couldn't determine Ware's cause of death.
The medical examiner was unable to determine which injuries were caused by Toner and which were caused by a bear that was discovered with her body when police came across the remains.
Prosecutors Joe Mercier and Ryan Seifried asked the judge to impose an eight- to 10-year sentence, while defence lawyer Talia Magder asked the judge to consider a time-served sentence, equal to just over five years.
Toner admitted that he and Ware got into an argument at her home near Sundre, Alta., in the early morning hours of May 5, 2021.
He told police that he hit Ware, causing her to fall down a flight of stairs.
According to the agreed statement of facts, Toner fell asleep beside Ware. When he woke up, Ware was dead.
Body hidden in woods
Toner decided to load her body into her Jeep. He then set several fires in her home in what the Crown described as an attempt to conceal evidence.
"Mr. Toner ultimately walked out of the house with a body and then had to burn it to cover up a crime scene," said prosecutor Seifried in his sentencing submissions.
Toner drove to B.C. Along the way, he got tired and pulled over on the site of Highway 93 to sleep. The next morning, Toner realized he'd gotten the Jeep stuck in a slough. He then dragged Ware's body about 50 metres into the woods and walked to a nearby town.
A 'free spirit'
Upon learning that Ware's body had been discovered, Toner hitchhiked to Lake Country, B.C., where he was ultimately arrested.
Ware had suffered blunt force trauma to her head and ribs. The medical examiner also noted a number of sharp-force injuries.
"The injuries themselves did not provide a conclusive cause of death," according to the agreed statement of facts.
Michelle Fahey, a family friend of the victim's, called Ware a "free spirit." Ware never left home and lived in her grandmother's home, next to her parents' farm.
'Her life was being erased'
Ware's father, Don, called his daughter "my little bundle of joy," and said he's now "lost and lonely."
"I stare out the window waiting for her," he wrote in a victim impact statement. "My little helper around the farm is gone."
Ware's mother, Karla, also wrote about the "despair and loneliness" she's experienced since her daughter's death.
With most of Ware's belongings destroyed in the fire, Karla wrote it was "like her life was being erased."
In her sentencing submissions, Magder told the judge that Toner "has remorse and regret."
When given the chance to address the court, Toner called Ware "a fantastic human being" and blamed drugs for what he called a "poor and idiotic decision."
Toner has a lengthy history of committing crimes of violence, including five assault-type convictions, sexual assault and uttering threats.
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