While pleading guilty to manslaughter on Friday, a 72-year-old Oro-Medonte Township man told the court he never meant to shoot Lee William Lackey as the younger man walked into his house three years ago.
In a joint submission presented to the Ontario Court of Justice, the Crown and defence lawyers suggested Peter Vanderveen be handed a six-year sentence, minus a year’s credit for pre-trial custody.
Court heard that on Jan. 30, 2019, Vanderveen shot 34-year-old Lackey in the head accidentally as the younger man walked uninvited into the Vanderveen home on Line 10 North in Oro-Medonte Township.
“I want everybody to know I never set out to kill Lee,” Vanderveen told the court. “I feel really bad about it and really sorry about it.”
Reading from the agreed statement of facts, Crown lawyer Dennis Chronopoulos said Vanderveen knew Lackey’s mother years ago and took interest in the young man after his mother died.
Chronopoulos said Lackey lived a transient lifestyle in the Barrie area and had a history of substance abuse and trouble with the law. He would occasionally stay at the Vanderveen home and had it listed as his mailing address.
Court heard it wasn’t an easy relationship. Vanderveen had asked Lackey to stop showing up announced. And when Lackey did show up on that day three years ago, Vanderveen, who court heard was sick, unlocked one of his guns and loaded it with ammunition, intending to send a clear message as Lackey walked in.
“Almost instantly he was shot in the head by Vanderveen,” Chronopoulos told the court.
Court heard Vanderveen called 911, reporting that he had shot a man in the head and that he later co-operated with police.
Vanderveen, a trapper and a hunter, accidentally hit the gun’s trigger, according to the admitted statement of facts.
Lackey, who had a 14-year-old son, an 18-year-old daughter, a sister and a girlfriend, died the next day in a Toronto hospital.
“Almost three years ago, you took my little brother,” Lackey's sister wrote in a victim impact statement read into the court by Crown attorney Katherine Spensieri in which she addressed to Vanderveen. “My kids will never get to know how big a heart their uncle had.”
His niece wrote in another statement that she’ll never have her own memories of her uncle. She wrote that all she could think about was the careless decision that ended Lackey's life.
Defence lawyer Bernard Cugelman presented 16 character reference letters, largely from people living in the village of Jarratt, where Vanderveen has long lived as well as a series of supportive affidavits.
“Mr. Vanderveen was one of the few people in the community who he (Lackey) could turn to when he needed it. That happened quite often,” Cugelman told the court.
Cugelman said it wasn’t always a happy situation, but Vanderveen continued to support the younger man.
Vanderveen’s “snap decision,” he said, was unfortunate for everyone and a terrible situation all around.
Vanderveen will return to court Feb. 15 for sentencing.
