Ethan Sunshine’s rifle malfunctioned when he attempted to clear it, according to his defence lawyer, who referenced an expert’s report.
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The noise was what Ethan Sunshine expected when he pulled the trigger on his .22-calibre lever-action rifle, the barrel held beneath his chin.
He’d had a few drinks as he was coming down from a meth high and brought the rifle with him, showing it off at an April 22, 2023 gathering in the basement of a home in the village of Punnichy.
Sunshine had cycled the action a number of times to clear it, ejecting a series of cartridges onto the floor before pointing it at a woman. Upset, she told him not to point the gun at her, prompting the aforementioned demonstration on himself.
Watching this was another woman — Kihaw Fox.
Having seen Sunshine’s demonstration, Fox said something to the effect of “my turn” or “me next,” according to a statement of facts read by Crown prosecutor Sonya Guiboche in Regina’s Court of King’s Bench on Monday.
What Fox didn’t know was that the gun wasn’t functioning as it should’ve been when Sunshine cycled the rifle’s action open and closed once more before levelling it at her.
She didn’t know there was still a round left in the rifle. A faulty spring-loaded mechanism allowed the cartridge to find its way into the chamber, according to defence lawyer Jamie Struthers, who referenced a firearms expert’s report on the gun.
When Sunshine pulled the trigger, the rifle went off and the bullet struck the mother of two in the face. Despite lifesaving efforts, she did not survive.
Fox had an infectious smile. She loved to laugh and joke around, according to Guiboche.
The 31-year-old also loved to dance and adored her children, the prosecutor added, drawing these details from an obituary.
Sunshine embraced Fox after the shot and said he was sorry over and over again, according to witness statements referenced by Guiboche. He fled the scene but turned himself in shortly afterward.
He displayed remorse again on Monday, this time addressing the deceased woman’s family.
“There’s nothing I can say that will take the pain away, or the hurt, but I offer my sincere apology,” the 29-year-old man said. “I’m sorry.”
Sunshine pleaded guilty to criminal negligence causing death. Accepting a joint submission, Justice Catherine Dawson sentenced Sunshine to eight years in prison. Given credit for time served on remand, he has a little more than six years left on his sentence going forward.
He was ordered to provide DNA for forensic purposes and prohibited from possessing a firearm for life.
Struthers told court that his client is a father to a young daughter. A member of the Kawacatoose First Nation who grew up largely in Saskatoon, Sunshine fell out of touch with his culture when he focused on school work and supporting himself as an adult, the defence lawyer said.
Struthers highlighted that his client finished high school as the valedictorian of his class and went on to pursue post-secondary education in Kelowna, earning a certificate in 2D animation before finding work as a commercial cook.
However, he ended up with some addictions issues. He’s received treatment and counselling intermittently, the defence lawyer said, noting that only three of the entries on Sunshine’s previous 31-conviction criminal record are “significant” with regard to violence or public safety. Those were two assaults and a weapons offence.
“The facts establish a wanton or reckless disregard for the safety or lives of others,” Dawson said in delivering her decision.
“The submissions of the Crown counsel, along with an acknowledgment of the enormity of the loss of Ms. Fox’s life, outline what only can be described as a tragic, heart-rending and terrible death that has left Ms. Fox’s immediate family, and her extended family, with overwhelming grief.”
During her submissions, Guiboche read the names of Fox’s family, and noted Fox loved family gatherings.
Many who loved her gathered in the gallery to hear the proceedings. And while none offered a statement on the court record, their presence and the expressions on their faces spoke volumes.
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