A Calgary man who hid the body of his common-law wife in a wall in the basement of the family’s home after he strangled her was in court for his sentencing hearing on Wednesday.
Allan Shyback, 40, was originally charged with second-degree murder in the death of his spouse Lisa Mitchell but was convicted on the lesser charge of manslaughter in May 2017.
Mitchell, 31, was last seen alive at her Ogden area home in 2012 and her body was found two years later in a plastic tub cemented into the wall in the basement.
During an undercover police operation in December 2014, Shyback told officers that Mitchell took a knife from the kitchen and told him she was going to stab him.
He said that he was trying to protect himself when he killed her. “My hands wound up around her neck, I choked her,” he said in an interview with police.
Shyback admitted that he panicked and then disposed of her body by encasing it in the wall.
Justice Rosemary Nation didn't accept the self defence argument but ruled out murder saying Shyback didn’t intend to kill Mitchell and he was found guilty of manslaughter and causing an indignity to a body.
On Wednesday, Mitchell’s family read victim impact statements at Shyback’s sentencing hearing.
Mitchell’s brother, Ryan, said “it’s painful to speak of myself as an only child now’” and he said that the family is doing its best to raise the two children she left behind.
Her mother, Peggy Mitchell, said she was "engulfed in grief' and that Lisa's death has aged her 20 years.
Shyback spoke to the victim's family and said that he deeply regrets and is shamed by his actions. He said he was sorry for what happened and accepts responsibility.
The Crown asked for a sentence of 13 to 15 years and the defence was looking for a sentence of five years.
On Wednesday afternoon, Nation sentenced Shyback to seven years; five for manslaughter and two for interference with a body.
“It’s a little higher than we were hoping for but in the end it’s, from Mr. Shyback’s perspective, it’s not a bad result for him in the end,” said Defence attorney, Balfour Der. “He’s extremely remorseful about this and has been all along and as you heard in court we had offered to plead guilty to the manslaughter charge early on in the proceedings and that was on his instruction.”
“The court gave extensive reasons as to why it came to that particular number and so now it’s just a matter of going back and reviewing those reasons and making determinations if other steps will be taken,” said Crown prosecutor Jayme Williams.
The family says they are satisfied with the judge's decision.
“It didn’t turn out the way we always hoped that he’d get the most but we’re satisfied with what he got and he’ll pay his time,” said Peggy Mitchell.
“We’re very happy with the deliberation,” said Ryan. “We’re happy that we won’t have to come here for this situation anymore and we can just really put our hearts and efforts behind the kids right now.”
Der says his client hopes to be reunited with his children one day.
“Mr. Shyback is totally committed to trying to get his children back and to be reunited as a family,” said Der. “He recognized that it’s an uphill battle to get that done but that’s his goal, that’s what he wants in life.”
Shyback will be given credit for time served and will spend less than three years in jail.
