Mayerthorpe Criminal Proceedings: Sentencing

Edmonton, Alberta - January 30, 2009 - “This morning, Court of Queen’s Bench Justice Eric Macklin sentenced Shawn Hennessey and Dennis Cheeseman, after accepting their guilty pleas on four counts each, of Manslaughter as entered in Edmonton Court of Queen’s Bench on Monday, January 19th, 2009.

Mr. Hennessey and Mr. Cheeseman were arrested and charged in July, of 2007 with four counts of first degree murder. A lengthy 28 month investigation provided the requisite evidence to lay charges of First Degree Murder under Section 235 of the Criminal Code of Canada. Mr. Hennessey and Mr. Cheeseman were charged for their involvement in aiding and/or abetting James Roszko. Roszko ambushed and murdered Royal Canadian Mounted Police Constables Anthony Gordon, Leo Johnston, Brock Myrol and Peter Schiemann, before taking his own life on March 3rd, 2005, near Mayerthorpe, Alberta.

My deepest sympathies and admiration go out to each of the families of the fallen four for their patience, their fortitude, their confidence, and their enduring support for the RCMP throughout this most difficult of times. When your loved ones joined the RCMP, all of you became a part of our extended RCMP family. As a family, all our employees across Canada, and those serving at international postings, have grieved along with each of you. Our hearts remain heavy with the burden of your loss - - and with the burden of our loss.

As the Commanding Officer of the RCMP in “K” Division, I thank all our employees for your patience and support throughout the course of a very long, very difficult, and very complex criminal investigation. I personally assure you that an extremely competent and dedicated team of investigators, supported by equally competent and dedicated legal advisors from Alberta Justice, conducted a comprehensive and disciplined investigation. An investigation that methodically and thoroughly followed the evidentiary trail, and with strength of purpose – gathered facts, and presented those facts to Judge Peter Ayotte at the Preliminary Hearing in April of last year. This resulted in His Honor, having bound both accused over for trial on a charge of First Degree Murder.

As the details of any investigation are placed on the court record and publication bans permit, these details then become available to the public. On Monday, January 19th, 2009, Mr. Hennessey and Mr. Cheeseman, entered a guilty plea to four counts of Manslaughter under Section 236 of the Criminal Code of Canada. A Statement of Facts, signed by prosecutors, respective defense counsel for Mr. Cheeseman and Mr. Hennessey, along with agreement and signatures from Mr. Hennessey and Mr. Cheeseman themselves, was then read into evidence in Court of Queen’s Bench. As the result of the facts presented the guilty pleas were accepted by the court. The “Agreed Statement of Fact”, testimony and related evidence provided at the Preliminary Inquiry, and previously undisclosed evidence and information, has now been made public to all Canadians.

The twenty-eight month criminal investigation into the murder of four young police officers on March 3rd, 2005, has been the subject of extraordinary speculation, uninformed innuendo and unfounded accusation, that has largely focused on the RCMP -- but has caused immeasurable pain to the families and loved ones of the four murdered RCMP Officers. This speculation, innuendo and accusation can now be judged against the factual evidence. Facts that are only now, available to the public in accordance with the law - -the law that we, the RCMP, have been and continue to be duty bound to follow. These facts provide for the context and scope of the four homicides and the extent of the criminal investigation that was to follow.

Through the aforementioned agreed statement of facts, the public now knows:

• On March 2nd, 2005, Alberta Baliffs set out to execute a warrant authorizing the seizure of a 2005 Ford Pick-up from James Roszko, at his farm outside of Mayerthorpe, Alberta;
• Mr. Roszko departed his farm across a field, evading the seizure of the vehicle. Baliffs contacted the RCMP in Mayerthorpe for assistance, that ultimately resulted in the identification of an enclosed marihuana grow operation containing 280 plants, along with stolen automobile parts and truck frames;
• Mr.Roszko made several calls to Shawn Hennessey’s work and home phone numbers which included a request for Hennessey to hide his truck at Hennessey’s residence;
• Roszko later arrived at the Hennessey/Cheeseman residence, armed with a Luger handgun in his waist band, seeking a rifle that had been given to Hennessey by his grandfather;
• Mr. Hennessey wiped down the rifle, and then handed the Winchester .300 Magnum rifle and a box of .300 Magnum ammunition over to Roszko;
• Mr. Cheeseman provided Roszko with a pillow case, and some gloves from the basement of his residence, and placed the rifle in the pillow case. These articles were later seized as evidence at the scene of the four murders, along with a bed sheet, Bear Spray and a bottle of water;
• During this extended period of time, Roszko was enraged at the RCMP. Both Mr. Hennessey and Mr. Cheeseman knew that an armed confrontation with the RCMP was a real possibility;
• Mr. Hennessey and Mr. Cheeseman, then drove Roszko to the immediate area of his farm, where Roszko, Mr. Cheeseman and Mr. Hennessey could clearly see the lights from the police cars at the entrance to his Quonset. Mr. Hennessey and Mr. Cheeseman were present, as Roszko pulled socks over his boots before proceeding off in the direction of the police, then armed with the Luger pistol in his waist band, and Mr. Hennessey’s Winchester high caliber rifle and ammo.
• Mr. Cheeseman suggested calling the police to warn them about Roszko, but no call was ever placed by either Mr. Hennessey or Mr. Cheeseman;
• After dropping off Roszko, later that morning Mr. Hennessey departed the company of his family and travelled to Edmonton for a work-related conference and Mr. Cheeseman headed off to work to engage a normal work day;
• At approximately 10 o’clock, on March 3rd, 2005, Constables Gordon, Johnston, Myrol and Scheimann entered the Roszko Quonset, while Cpl.Vigor and Cst. Hoogestraat prepared to effect a comprehensive search for stolen automobile parts;
• A well-armed Roszko ambushed and murdered four on-duty members of the Royal Canadian Mounted Police inside the Quonset located on his property and attempted to murder Cpl. Stephen Vigor, who returned fire and struck Roszko twice before Roszko took his own life;
• Mr. Hennessey and Mr. Cheeseman learned of the murder of the four police officers and the death of Mr. Roszko, later in the day of March 3rd, 2005;
• Mr. Hennessey and Mr. Cheeseman did not contact police;
• Shawn Hennessey and his mother Sandy Hennessey discussed the fact that the Winchester.300 Magnum rifle was registered to Shawn’s grandfather, John Hennessey. The senior Hennessey was quite sure that it was his own suggestion that they all “story” to the police the notion that the rifle had been stolen from the back of John Hennessey’s welding truck;
• Shawn Hennessey and Dennis Cheeseman were approached by investigators on numerous occasions during the course of the 28 month investigation in order for them to tell police what they knew of the murders;
• Mr. Hennessey and Mr. Cheeseman were charged with First Degree Murder. The law clearly states that an individual who participates in the murder of a police officer, will be charged with First Degree murder, as opposed to the lesser charge of Second Degree murder. A Preliminary Hearing provided the courts with a portion of the evidence against the two accused that resulted in Mr. Cheeseman and Mr. Hennessey being bound over for trial on a charge of First Degree Murder;
• Mr. Hennessey and Mr. Cheeseman have pled guilty to a charge of Manslaughter on the evidence and information provided at the Preliminary Hearing.

With the advent of a guilty plea, the Province of Alberta is now in a position to call a Fatality Inquiry. A Provincial Court judge would conduct the public fatality inquiry. Once the Inquiry is complete, the judge provides a written report to the public. As previously mentioned, in accordance with the law, I am prevented from commenting on any issues that could prejudice the pending Fatality Inquiry.

While it can never be said often enough, I will close by thanking the families of Cst. Gordon, Cst. Johnston, Cst. Myrol and Cst. Scheimann. I acknowledge the extraordinary bravery of Cpl. Steve Vigor and Cst. Garrett Hoogestratt. I further acknowledge the outstanding professionalism of all the First Responders of March 3rd, 2005, and our criminal investigators and support personnel from Alberta, British Columbia, Ottawa, and across Canada, that assisted in the investigation. I want to thank Alberta Justice. I thank all the employees of the RCMP and our policing colleagues within Canada and around the world for your support. I want to acknowledge those in the media that have exercised professionalism, patience and integrity. Finally, I would like to thank all Canadians for your enduring support.”

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Deputy Commissioner Rod Knecht
Commanding Officer RCMP "K" Division
Officer In charge, Northwest Region

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