Calvin Lewis found guilty of 2nd-degree murder in stabbing death of partner
Tina Tingley-McAleer was stabbed 32 times in her New Brunswick home in 2020
A judge has found Calvin Lewis guilty of murdering his partner in their southeastern New Brunswick home, rejecting a defence argument that he was provoked by the victim.
Court of King's Bench Justice Robert Dysart ruled Lewis was found guilty of second-degree murder in a verdict Friday.
Lewis had been charged with first-degree murder for the May 2, 2020, death of Tina Tingley-McAleer.
He admitted fatally stabbing her 32 times in their Hillsborough home south of Moncton.
The verdict hinged on whether his actions that day were provoked by the victim. Provocation is a partial defence that, if accepted by the judge, would have reduced his blameworthiness and resulted in a conviction of manslaughter.
'An angry man'
Dysart rejected the defence.
"In my view, the evidence establishes that Calvin Lewis was an angry man that felt trapped, who had made numerous threats to kill Tina McAleer, and blamed her for his situation, and who was fed up with her controlling his life," Dysart said.
Dysart pointed to statements such as "I had enough" that Lewis made in a police interview hours after her death. He said the phrases point to a man who was still in control and had made a decision to kill.
"I am satisfied that the Crown has proven beyond a reasonable doubt that when he killed Tina McAleer, Calvin Lewis had not lost the power of self-control. He was not provoked."
The verdict in the trial by judge alone in Moncton came after months of delays in the case. The trial began April 20, 2022, and heard testimony from 13 witnesses, including Lewis himself.
In closing arguments last fall, Crown prosecutors said they had not proven first-degree murder, which requires planning.
Defence lawyers for Lewis conceded prosecutors proved the elements of second-degree murder, but said his actions were in response to his belief Tingley-McAleer planned to kill him. That left Dysart to decide if Lewis should be convicted of second-degree murder or manslaughter.
Crown witnesses, including Tingley-McAleer's daughter and other family members, testified there was a history of violence in the relationship with Lewis repeatedly threatening to kill her.
In the months before Tingley-McAleer's death, Lewis served time in jail for threatening her and testified he felt trapped because she could call his parole officer and have him sent back to jail.
Lewis testified he used meth daily, taking tablets sometimes 10 to 15 times a day. He also regularly used cannabis and Percocet painkillers.
Lewis said he confronted Tingley-McAleer after finding a needle filled with an unknown substance in their home he believed she would use to kill him. He testified neither of them used intravenous drugs.
None of the other witnesses testified to seeing any needles in the couple's home.
"I said, 'Are you going to kill me?'" Lewis testified in April. "She said, 'It don't matter, you're not going to make it to the end of the day anyway.'"
Lewis testified he "lost it" and stabbed her. An autopsy found Tingley-McAleer had 32 stab and cut wounds, including to her heart and lungs.
Lewis called 911, saying he had killed her, then drove away from their home. He told police what happened in an interview hours after his arrest.
A psychiatrist testified that Lewis likely experienced psychosis related to his frequent use of methamphetamine. Dr. Ralph Holly also said Lewis likely had an antisocial disorder, personality disorder and paranoid disorder.
Holly said the needle was potentially a delusion.
However, the judge ruled there was insufficient evidence to conclude Lewis was psychotic on the morning of the murder.
Tingley-McAleer's daughter Samantha Sanford teared up as the judge finished reading his decision.
She said it was difficult hearing her mother painted as the aggressor in the relationship and was glad to see the case nearing its end.
"This has gone on way too long," she told reporters outside the courthouse. "No one should have to wait this long for any type of justice."
Sentencing is expected to be scheduled on Feb. 28.
Defence lawyer Nathan Gorham declined to comment on the decision before sentencing.
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