 Emilia Elizabeth Matwiy died after suffering severe trauma to the head on Aug.1, 2007. (CALGARY SUN/File photo)
|
CALGARY - Calgary mom Jessica Matwiy cried Monday as a judge sentenced her former fiance to three years in prison in the death of her infant baby.
And after court adjourned, Matwiy fired verbal barbs at the man she once planned to marry — before he was charged with manslaughter in little Emelia Matwiy’s death.
“He couldn’t even look at me and say I’m sorry,” the still-grieving mom told Det. Gord Robertson, as Daniel Berge apologized for making the wrong “call.”
As Berge prepared to leave court to serve what remains on his 36-month term after being given double credit for 3 1/2 months of so-called dead time, Matwiy addressed him directly.
“You took my daughter and you couldn’t even look at me in my eyes and say you’re sorry?” she said, as Berge continued to avoid eye contact.
“I hope you rot you piece of (excrement).”
Moments earlier Justice Colleen Kenny ruled Berge’s conduct in failing to get Emelia necessary medical attention after he accidentally caused her serious injuries placed him at the low end of the manslaughter scale.
“He is filled with guilt for the decision he made,” Kenny said, in rejecting Crown prosecutor Jayme Williams’ call for a 10- to 11-year prison term.
Before Kenny handed down her sentence, a teary Berge briefly addressed the court.
“I wish I would’ve made a different call, that’s all I can say, I’m sorry,” he told Kenny.
Emelia, 4 1/2 months, died Aug. 5, 2007 from injuries Berge caused days earlier when he shook her after finding she wasn’t breathing.
Kenny said Berge’s decision to not seek medical help after Emelia started to breathe again was an error on his part, but not the egregious one suggested by Williams.
She agreed with defence counsel Allan Fay a sentence in the two- to five-year range was warranted.
Kenny noted even if Berge had sought immediate medical attention after shaking the child, it may not have made a difference in the outcome.
Outside court, Fay said regardless of Berge’s punishment, his client will suffer for a long time for his mistake.
“He’s never going to leave this behind, it’s going to be with him for the rest of his life,” the lawyer said.
kevin.martin@sunmedia.ca
On Twitter: @SUNKevinMartin
