David Delaney was found deceased in February 2016 in his suite at the Aspen Court apartment building on Center Street in central Abbotsford. File photo

Ten-year sentence for man convicted of B.C. belt-strangling death

Shayne McGenn guilty of manslaughter in 2016 death of David Delaney, 63

A man has been sentenced to an additional nine years in prison for strangling and killing David Delaney in his Abbotsford apartment in February 2016.

Justice Martha Devlin sentenced Shayne McGenn, 36, to a 10-year term for manslaughter on Tuesday in B.C. Supreme Court in New Westminster, but he was given almost a full year’s credit for time already served.

Co-accused Sarah Sather, 35, was previously acquitted of a charge of accessory after the fact.

Delaney, 63, was discovered dead in the bedroom of his fourth-floor suite in the Aspen Court apartment building on Center Street in Abbotsford on Feb. 23, 2016.

He had been strangled with a belt by McGenn either late on the evening of Feb. 6 or the early morning of Feb. 7 after the two got into an argument, according to evidence presented in court.

READ MORE: Victim of suspicious death in Abbotsford is chef, age 63

McGenn and Delaney knew each other because Delaney had previously been in a common-law relationship with McGenn’s mother.

According to evidence presented in court, McGenn moved into Delaney’s apartment in August 2015 and obtained a job at Big River Restaurant and Taphouse in Coquitlam, where Delaney was a manager.

Delaney fired McGenn in early 2016 due to concerns about his drug use at the restaurant.

In late January 2016, Sather and the child she had with McGenn also moved into the apartment.

Court documents state that McGenn, who was in the midst of a drug addiction, borrowed money from Delaney and some of his co-workers to finance his drug habit.

DAVID DELANEY

McGenn also used Delaney’s credit card without permission, and this created further financial problems for Delaney, the documents state.

The relationship deteriorated to the point where Delaney intended to ask McGenn, Sather and their child to leave their apartment.

During an argument between the two, McGenn attacked Delaney with a frying pan and a knife, kneed him in the head several times, and strangled him with his belt.

The Crown alleged that Sather helped destroy evidence afterwards, including cleaning a knife and wiping up bloody water in the bathroom, where McGenn had showered after the offence.

The pair and their child remained in the apartment for five days after the killing, and McGenn used Delaney’s car, debit card and cellphone, according to evidence presented in court.

McGenn also posed as Delaney when he sent text messages to Delaney’s family, friends and co-workers after he had killed him.

McGenn had originally been charged with second-degree murder, but Devlin said the Crown did not prove that he intentionally caused Delaney’s death – McGenn testified he had only meant to subdue him – and found him guilty in September of the lesser charge of manslaughter.

READ MORE: Man convicted of manslaughter in 2016 belt-strangling death in Abbotsford

Also in September, Sather was acquitted of her charge, with Devlin saying she didn’t believe that Sather had cleaned up the bathroom and washed the knife to help McGenn escape liability for the killing.

The judge said that statements Sather had made prior to the trial indicate she had cleaned up the bathroom because it was “messy and wet” after McGenn showered, and she washed the knife as part of her routine of washing the dishes.

“I find that there is an innocent explanation for Ms. Sather’s actions and nothing in the evidence to establish that she also intended to assist Mr. McGenn in evading liability for the murder of Mr. Delaney,” Devlin said at the time.

McGenn and Sather were both arrested in May 2016 in Penticton, where they had gone – in Delaney’s car – several days after the murder.

In April of this year, McGenn was sentenced for an unrelated 2014 robbery at a Penticton pharmacy. He wore a bandana over his face and carried a fake gun in that incident, and, after credit for time already served, he was sentenced to an additional two years and 11 months in jail.

McGenn’s manslaughter sentence will begin after that term is served.

READ MORE: Accused murderer found guilty in unrelated Penticton robbery

 

Shayne McGenn is shown here being escorted out of the Penticton Courthouse in May 2016 after being remanded to Abbotsford to face charges in the death of David Delaney. (Dale Boyd/Black Press)

Just Posted

Kootenay Lake ferry labour dispute ends with ratified agreement

The deal was approved by 83 per cent of members

Nelson police searching for missing woman

Heather Gunderson hasn’t been seen since Sunday

Marina at former Kutenai Landing site will be half non-motorized

Council says limits will reduce noise and greenhouse gases on the lake

Rob Morrison sworn in as Kootenay-Columbia MP

Parliament set to reconvene on Thursday with election of House Speaker, Throne Speech

Weather warning for West Kootenay passes

Up to 20 cm expected to fall at higher elevations

VIDEO: Rockslide closes Highway 93 in Fairmont Hot Springs

Geotechnical team called in to do an assessment after rocks fell from hoodoos

Province gives $4.93M boost to school-based gang prevention program

The funding will see the ‘Erase’ program expand from 12 to 16 communities

Half of shoppers say they have no holiday spending budget

B.C. consumers surveyed estimate they will spend $921 this season

Man killed in crash due to ‘absolutely treacherous’ conditions on Coquihalla

Winter means icy roads are dangerous and drivers should be careful, RCMP say

Two accidents block Hwy 3 east of Christina Lake

Fire chief: pregnant female in vehicle that rolled off the road was headed to Trail to have her baby

Bag of cocaine left in B.C. grocery store aisle

RCMP: ‘We sure would like to talk to’ person who left drugs behind

Former Burns Lake mayor gets two years for sexual assaults against minors

The Crown is seeking four to six years federal time; the defence wants 18 months in provincial jail

RCMP officer was justified using hose in rooftop standoff: B.C. watchdog

Police watchdog finds officers actions reasonable when man injured in 2018 incident

Cannabis ice cream? Province prepares for B.C. Bud edibles

Mike Farnworth’s special police unit takes down dispensaries

Most Read