Killarney, Ont., man receives life sentence for the 2nd-degree murder of his brother

The Killarney, Ont., man who pleaded guilty to second-degree murder for the 2020 death of his brother has received a life sentence with no eligibility of parole for 15 years.

Kerry Burkewassentenced Wednesday in Sudbury court for the death of his brother Brant Burke, 56.

Brant Burke was found dead on a trail in Point Grondine Reserve within Wiikwemkoong Unceded Territory on Oct. 25, 2020.

Assistant Crown attorneyTerry Waltenburyand defence lawyer Glenn Sandberg made a joint sentencing recommendation.

Waltenbury said he has had the misfortune of being at a number of murder sentencings, and emotions are always high, but this was his first wherethe case involved a brother taking the life ofhis own brother.

"The level of emotion here today is about as high as it gets," he said.

Around 50 people were in the courtroom for Burke's sentencing.

The court heard 10 emotional victim impact statements.

Among them were Brant's two eldest daughters, who each held an eagle feather while they spoke.

Lee-AnnBurke said her "emotions have been on a wild, unstoppable ride" since her dad died.

She said she is self-employed and hasn't been able to take time off to grieve and process. She described Kerry as "cold hearted, selfish"

"Who do you trust if not your blood relatives?" she said.

"I believe Kerry is a danger to the community and those around him."

Her sister Melanie Burke said there has been a "massive emotional impact."

"My father was ripped away from us and now our family is left to deal with the aftermath," she said.

"I've had nobody to call now for two Father's Days. Kerry, I just want to say that you're dead to me."

Melanie also hurled obscenities at Sheridan, her father's estranged wife.

Sheridan and her two children also submitted victim impact statements. Her lawyer, Michael Lacy read those.

Sheridan was charged with first-degree murder earlier in the case, but the Crown withdrew the charge in July.

Lacy said at the time that Kerry Burke falsely implicated Sheridan in his brother's death.

One of Brant's other siblings, Jamie Burke, also had a victim impact statement. He attended court via Zoom, and lawyer Waltenbury read the statement for him. He said "the words 'I'm sorry' will never be enough"

"You changed a once happy, huge extended family."

Sentencing considerations

In determining the sentence, Justice Kathleen Cullinconsidered a number of factors, including a Gladue report, which describes the unique experiences of an Indigenous person charged with a crime.

Burke, who is 60 years old, is a Wiikwemkoong band member. Cullinnoted he had no history of violence prior to the murder.

She also said his life had been marked with a series of tragedies, including the death by suicide of his brother Raymond in 1999, the death of his father in 2018, the death of two close friends, and the overdose death of his stepson on Oct.8 2020.

Cullinsaid Burke did not cope well with those tragedies, and turned to alcohol.

But Cullinsaid there were also aggravating factors to consider, including elements of planning prior to the murder, and using the love and trust of his brother "as a way of luring him to his death."

Cullinsaid Burke's crime will continue to impact his family "not just now, but for generations." She said his family members don't understand what happened "and quite frankly, neither do I."

Along with his sentence, Burke is ordered to not have contact with about a dozen individuals. He will also have a firearms prohibition if and when released, and must make a DNA submission.

Before hearing the sentencing, Burke spoke in court, and apologized for his crime.

"I learned from my dad to walk the straight and narrow all my life," he said. "Andthen one day I crossed that line."

"I am truly sorry from the bottom of my heart."