Victim impact statements, sentencing arguments heard in deadly Faro, Yukon, shooting case

A deadly shooting rampage in Faro, Yukon, three years ago irrevocably changed the lives of the victims' loved ones, the survivors, and the town itself, a Whitehorse courtroom heard this week. 

Saengduean Honchaiyaphum, 42, and Patrick McCracken, 73, were gunned down by Ralph Bernard Shaw at their homes on Oct. 26, 2021, in a rampage that sent shockwaves across the territory.

Shaw pleaded guilty in Yukon Supreme Court Monday to first-degree murder for killing Honchaiyaphum, his estranged wife, second-degree murder for killing McCracken, and aggravated assault for injuring Honchaiyaphum's partner.

Twenty-one victim impact statements and one community impact statement were filed as part of Shaw's sentencing hearing, with all but two read out in court Monday afternoon into Tuesday. 

Honchaiyaphum, called Sang by friends, was remembered as a loving mother who had just started a new life after separating from Shaw. She had found a new love, a new home and was "unbelievably happy and confident" in her last months, friend Kara Went told the court.

Went had helped Honchaiyaphum leave Shaw in August 2021, and had missed a call from her after Shaw arrived at her home. 

"Sang was ready to embrace her freedom," she said.

"I had to tell two girls that you killed their mother." 

McCracken, meanwhile, was described as a "pillar of the community" who had strong ties to his family in Winnipeg, despite having left for the Yukon decades ago to work in mining. 

Known as "Pat," McCracken was kind, mechanically inclined and had built a plane, a boat and a log home, the court heard. He led a "life dedicated to helping others," always had stories to tell, and doted on his grandchildren. 

One of his granddaughters recalled driving around with him listening to Who Let the Dogs Out, with McCracken barking out the open windows with the song. 

McCracken's wife, Barb, read her statement from the witness stand next to a framed photo of her husband and facing Shaw, who sat with his lawyers and spent much of the proceedings looking down at the defence table. 

"My life was shattered… I lost the love of my life and my best friend," she said.

"Ralph, I hope you rot in jail." 

Other statements outlined the terror of watching the shootings unfold, hiding from gunfire, responding to frantic calls for help, trying to help the wounded, and the lasting impact on Faro.

"I watched our community lose its sense of trust and peace," one statement read, adding that the sound of fireworks now triggers anxiety for residents.

"What you did was the most despicable and cowardly act." 

Sentences for 2nd-degree murder, aggravated assault disputed

While Shaw's sentence for first-degree murder is undisputed — a conviction comes with an automatic life sentence with no chance of parole for 25 years — the Crown and defence disagreed on the other two charges. 

Second-degree murder also comes with a life sentence but a parole ineligibility period ranging from 10 to 25 years, while aggravated assault has a maximum sentence of 14 years. 

Crown attorneys Tom Lemon and Kathryn Laurie argued Shaw should get the maximum for both offences, while defence lawyers Kevin Drolet and Amy Steele argued for 15 years of parole ineligibility and an eight- to 10-year sentence for the aggravated assault.

Drolet acknowledged that arguing over the sentences "may seem … like arguing how many angels can fit on the head of a pin" since they'd be overshadowed by the first-degree murder penalty. However, he said parole eligibility could dictate things like whether Shaw gets moved from a maximum to medium-security institution. 

Lemon argued that the "exceptional nature" and "very grave" circumstances of the case justified the harshest penalties available.

Laurie, separately, claimed Shaw had been "motivated by revenge," murdering Honchaiyaphum for leaving him, shooting her new partner for "replacing" him, and later murdering McCracken after confronting him for allegedly talking "down" about him.   

That Shaw shot Honchaiyaphum's partner and continued to pursue him after he ran away — including shooting his way into a house where he believed the man was hiding — was particularly aggravating, the Crown argued.

"Mr. Shaw was a man on the hunt, determined to finish off his wounded prey," Laurie said. 

She also claimed Shaw originally planned to make a run for the U.S. border, which is why he brought his passport and more than $50,000 in cash with him, before realizing it was too late.

Laurie noted less than 20 minutes elapsed between Shaw murdering Honchaiyaphum and McCracken, and that in less than an hour, he fired off at least 28 shots and "terrorized an entire town." 

"This is an unprecedented case in Yukon history," Laurie said, adding that Shaw brought "American-style gun violence" to a small Yukon town. 

Lemon later added that the case had "amongst the worst aggravating circumstances a court could hear." 

'He is not a monster,' defence argues

The defence took issue with the Crown's characterization of events. 

Steele acknowledged Shaw's "horrific crimes" had a "devastating impact," but argued he still deserved a "just sentence" and to be treated like a human being. 

"He is not a monster," she said, pointing to his age, lack of prior criminal record, guilty pleas and health issues as mitigating factors. 

Steele disputed the Crown's assertion that the case was among the "most serious," arguing that there were "voluminous… brutal" murders elsewhere in Canada. 

Deputy justice Elizabeth Hughes interjected, stating she'd served as a judge in multiple jurisdictions since 2001. 

"Multiple murders is a rare, rare event," she said. 

Steele, later on, pointed to second-degree murder cases involving more graphic deaths where defendants received between 10 to 20 years of parole ineligibility. While she admitted the comparison was "difficult" to make, Steele said McCracken was killed by a single gunshot and without "gratuitous violence" or other factors that would justify longer parole ineligibility. 

Drolet told the court that Shaw, originally from Prince Edward Island, was a "sickly child" with health issues that followed him into adulthood and had also experienced "profound" social isolation his entire life, with Honchaiyaphum the only person he ever had anything more than just a brief friendship with. He'd been on disability since 2006 because of mounting physical and mental health issues, according to Drolet, and Honchaiyaphum leaving with their children was "particularly distressing."

Shaw was hospitalized in September 2021 for anxiety, depression and suicidal ideation. Drolet said Shaw "recalls quite distinctly" arriving in Faro the day of the murders, driving past Honchaiyaphum's new home and seeing her with another man, concedes that he acted in "anger," but has "very poor if any recollection of what transpired after that." 

Drolet claimed Shaw's original plan while heading to Faro was to give his daughters his valuables — a diamond ring and cash — before shooting himself by the river. 

While Shaw's guilty pleas came late in the court process, Drolet said Shaw accepted responsibility from an early stage and insisted on pleading guilty even after his lawyers pushed back. 

Hughes gave Shaw the chance to speak before court concluded for the day. 

"I'm very sorry for everything that I did," he said. "That's all I have to say." 

Hughes will deliver her sentencing decision Thursday morning.