An Ontario judge has sentenced a man who pleaded guilty to the second-degree murder of his ex-girlfriend to life in prison without parole eligibility for 18 years.
The case is one of dozens affected by alleged violations of Maplehurst Correctional Complex inmates’ rights during their incarceration at the facility in Milton, Ont.
A lawyer for the man said Thursday’s decision could have significant implications for others.
Court heard that Linval Ritchie broke into a basement apartment in Brampton, Ont., where Vanessa Virgioni lived with their seven-year-old son in the early morning of June 18, 2022.
Ontario Superior Court Justice Jennifer Woollcombe recounted in her ruling that Ritchie killed the 29-year-old woman by almost decapitating her with a knife he brought with him.
“Their son was at home asleep and was woken by the screaming. He went to the living room and saw his dad do something to his mom’s head and heard him say, ‘You’re done,’” Woollcombe said.
“His dad told him to go back to bed and his mom told him to run. He went into bed hoping it was a nightmare.”
Ritchie, 32, was arrested later that day and pleaded guilty to second-degree murder two years later.
The defence for Ritchie asked the court to consider his treatment at Maplehurst in the sentencing, and asked that his parole ineligibility period be shortened to 10 years.
An agreed statement of facts in the case stated that crisis intervention staff responded to an inmate’s assault on a correctional officer in December 2023 by conducting strip searches of the inmates in Ritchie’s unit and placing zip ties on their wrists.
It said inmates were escorted to a hallway in their boxers, where they were seated facing the wall while staff searched their cells. Inmates were then returned to their cells wearing their boxer shorts.
Ritchie was left without any other clothing for approximately 37 hours, the statement said, and he and others complained of being cold and viewing this as a punitive measure. The statement said the lack of clothing was meant to “clear the air of the toxicity of the munitions used on the living units.”
Woollcombe said during her ruling on Thursday that some of Ritchie’s Charter rights were violated during the incident but she rejected the request to shorten parole ineligibility to 10 years.
“Regardless of the period of parole and eligibility imposed, Mr. Ritchie’s sentence is life imprisonment,” she said
“I am not deciding whether he should be released on parole, but rather how much time he must serve before he will be eligible to be considered by the parole board. There is no guarantee that he will ever be released.”
The killing of Virgioni is “factually one of the most gruesome and horrific second-degree murder cases” she has encountered during her decade of experience as a judge, Woollcombe said.
“The parole ineligibility period must protect the public, denounce this terrible offence and acknowledge its devastating effects on Ms. Virgioni’s family,” she said.
She said the ineligibility period should be 20 to 22 years based on the circumstances of the case, but that she would reduce the ineligibility period to 18 years.
“In my view, this strikes the right balance. It gives effect to the seriousness of what occurred at Maplehurst, but ensures that the sentence imposed is proportionate and fit for the life that Mr. Richie took,” she said.
Richie’s lawyer Selwyn Pieters noted that Woollcombe’s ruling found his client’s right to life, liberty and security was breached, along with his right to be protected from unreasonable search and seizure and his right not to be subjected to cruel and unusual treatment or punishment.
It’s a significant finding, said Pieters.
“This is a Superior Court judge who made findings of fact that Section 7, 8, and 12 of the Charter were violated, and she said that Mr. Ritchie was treated similarly to all the other prisoners,” he said.
Pieters said as a result, the ruling is going to affect the civil cases that inmates, including his client, have launched against the provincial government over the Maplehurst incident. It could also affect criminal cases in which inmates are looking for sentence reductions.
The office of Ontario’s ombudsman confirmed earlier this summer that it had launched an investigation into what happened at Maplehurst in December 2023.
The ombudsman urged the province to address a “growing crisis” in correctional facilities, pointing to a record number of complaints about facilities in the last year as well as deteriorating conditions.
He was arrested later that day and pleaded guilty to second-degree murder two years later.
The defence for Ritchie asked the court to consider his treatment at Maplehurst in the sentencing, and asked that his parole ineligibility period be shortened to 10 years.
An agreed statement of facts in the case states that crisis intervention staff responded to an inmate’s assault on a correctional officer in December 2023 by conducting strip searches of the inmates in Ritchie’s unit and placing zip ties on their wrists.
The court heard Ritchie was left wearing only his boxer shorts for approximately 37 hours.
Woollcombe said during her ruling on Thursday that some of Ritchie’s Charter rights were violated during the incident, but she rejected the request to shorten parole ineligibility to 10 years.
The killing of Virgioni is “factually one of the most gruesome and horrific second-degree murder cases” she has encountered during her decade of experience as a judge, Woollcombe said.
She said the ineligibility period should be 20 to 22 years based on the circumstances of the case, but that she would reduce the ineligibility period to 18 years because of the rights violations.
