Crown drops manslaughter charge against 1 accused in Megan Gallagher homicide

Brian Gallagher is worried the latest legal development in one of the many court cases connected to his daughter's homicide sends the wrong message to criminals.

"It's heartbreaking," Gallagher said in an interview. "All of this stuff is also empowering to the people that are doing this. They go home and they have their little meetings in their groups and they say, 'You want to beat the system? Here's how you do it.'"

On Wednesday, the Crown filed a stay of proceedings in the trial of Thomas Sutherland. He was one of nine people charged in connection to the 2020 death of Megan Gallagher and he had been scheduled to go to trial in April.

Sutherland was charged with manslaughter and unlawful confinement, but is now a free man. His lawyer Jessie Buydens confirmed Sutherland was released from custody on Wednesday.

The public prosecutions office said in an email that it reviewed the case against Sutherland and determined the trial could not go forward.

"To move forward with a prosecution, public prosecutions must be satisfied that there is a reasonable likelihood of conviction and that it is in the public interest to continue with a prosecution," the statement said.

"In this case, after careful consideration, it was determined the case no longer met the prosecution standard."

Megan Gallagher, 30, was last seen alive leaving her friend's house on Sept. 19, 2020. Two years later, her body was found in the South Saskatchewan River.

Much of the evidence and details heard during the numerous trials and sentencing hearings fall under publication bans that were ordered to protect the fairness of the remaining court cases.

Brian Gallagher isn't convinced the publication bans serve the public. With each successive trial, the family grows a bit more weary.

"It's pain and it's frustration and there's starting to be a strong disbelief in the effectiveness of the justice system," Gallagher said.

"If people were in the courtroom and heard the confirmed statement of facts they would know what happened and that justice isn't being served."

The last remaining trial is for Roderick Sutherland. He is charged with first-degree murder and his trial is scheduled for October.

Robert Thomas was sentenced in December to life in prison with no chance of parole for 18 years after pleading guilty to second-degree murder.

In addition to Thomas and the two Sutherland men, six others were charged in connection with Gallagher's death:

• Cheyann Peeteetuce, 31, and Summer Sky-Henry, 26, were tried together and were sentenced to seven years in prison. Both were originally on trial for first-degree murder, but in January they entered guilty pleas to manslaughter.
• Ernest Vernon Whitehead, 41, was sentenced to 739 days in jail in May 2023 on a charge of indignity to human remains.
• Jessica Badger (Sutherland), 44, was given a conditional sentence order of two years less a day on the same charge, served in the community, followed by 18 months probation.
• John Wayne Sanderson pleaded guilty in 2023 to the same charge, and was sentenced to 1,096 days, minus 327 days for pre-sentence custody.
• Robin John was charged with unlawful confinement and aggravated assault, but the charge was stayed last fall.