A man who was granted bail in an Alberta court after he was charged with second-degree murder, committed a second murder 10 months later while he was free in the community.
A Ponoka man sentenced last week to life in prison for the murder of Chantelle Firingstoney in Ponoka four years ago, was on bail at the time for the fatal shooting of Jamison Samuel Louis in Wetaskiwin.
On Jan. 31, 2024, a judge in Wetaskiwin Court of King’s Bench sentenced Applegarth to life in prison with no parole eligibility for 18 years on a second-degree murder charge in Firingstoney’s murder on Nov. 5, 2020.
Applegarth killed her when he was out on bail on a second-degree murder charge in the murder of Jamison Samuel Louis in Wetaskiwin on Jan. 3, 2020. In April 2022, he was found guilty of the lesser offence of manslaughter and sentenced to eight years in prison. He was given credit for time served while on remand, which was taken off his eight year overall sentence.
Applegarth had killed his common-law Firingstone on Nov. 5, 2020, while he was out on bail. Police found her unresponsive in the home she shared with Applegarth.
At about 9 p.m., Applegarth rang his neighbour’s doorbell and asked if she could call an ambulance saying that his girlfriend had been assaulted and wasn’t responding.
The neighbour called 911 and at one point, she gave the phone to Applegarth, who told the 911 operator that he thought his girlfriend had passed out and was not waking up. He said nothing to the 911 operator about his girlfriend being assaulted.
EMS arrived and noticed injuries to Firingtstoney’s head and chest. They treated her for 45 minutes but weren’t able to revive her.
An autopsy the next day revealed Firingstoney suffered multiple blunt force traumatic injuries to her head, face, neck, torso, and extremities. She had a total of 12 broken ribs, with rib fractures on both sides of her body. Her liver was lacerated and there was 1400 ml of blood in her abdominal cavity. The Medical Examiner concluded the cause of death was from loss of blood together with the resulting loss of oxygen flowing to her organs.
Firingstoney had been drinking alcohol at a friend’s residence until about one hour before Applegarth asked the neighbour to call 911. She was heavily intoxicated. There was no evidence that she sustained her injuries at her friend’s house nor anywhere between leaving her friend’s house and returning home.
From the extent of the injuries on Firingstoney’s body, along with the evidence that Applegarth’s assault on her likely took place in more than one area of the residence, said Justice Eleanor J. Funk
“I was satisfied beyond a reasonable doubt that Mr. Applegarth intended to cause her bodily harm and was reckless as to whether death ensued. On that basis, I found him guilty of second-degree murder.”
Firingstoney’s death was the tragic product of domestic violence. There is no evidence of how this dispute started nor what enraged Applegarth to the point of embarking on this prolonged attack. No dispute could have justified Firingstoney losing her life, said Justice Funk.
She was killed inside of the home that they shared. Five young children were present in the home at the time. four of those children were Firingstoney’s.
Applegarth is a 31-year-old Indigenous man, court heard. He is a Treaty member of the Samson Cree Nation.
Applegarth has a lengthy criminal record, which includes other offences of violence. He has spent time in custody, both in young offender centers and in federal penitentiaries. He was on bail for a previous homicide when he murdered Firingstoney, said Justice Funk.
Applegarth was born in 1992, in Wetaskiwin. His mother, Geraldine Applegarth, is a member of the Samson Cree Nation. His father, Kirby Yellow Old Woman, was a member of the Siksika First Nation.
Applegarth reported that his father was not around much in his childhood. He recalled some instances of domestic violence by his father. He knows little about his father’s background nor of his Blackfoot community.
Applegarth is not aware of any impacts of residential school, on either side of his family. He additionally did not report any issues surrounding abuse, poverty, grief and loss, disconnection from culture, community, or spirituality.
Applegarth was largely raised by his mother, in a single-parent household. For a portion of his childhood, he was also in government care, in at least one group home setting. He reported that experience as being unpleasant and confusing.
Growing up, Applegarth resided both on and off the Samson Reserve. He reported that he spent more of his life in Wetaskiwin. He received his high school diploma while serving an earlier penitentiary sentence. He has a sporadic work history, with no advanced training or education. He reported no gang memberships or affiliations.
The Gladue report portrays the impacts of Applegarth’s background as resulting in a lack of connection to community and possible institutionalization, stemming from his long criminal history.
“I have no doubt that Mr. Applegarth’s life experiences, both on and off the Samson Reserve, have left him with a sense of displacement,” said Justice Funk. “Being raised in a single-parent home, and in government care; the loss of family members; and the loss of custody of his own children, I am sure, have had additional impacts on him.”
Applegarth had also been sentenced in April 2022 of shooting and killing Jamison Louis on Jan. 3, 2020, in Wetaskiwin.
Court heard he had gone to Louis’ home to buy drugs. He didn’t have any money so Louis told him to come back later. An hour later, Applegarth went back to Louis’ home wearing a mask. When Louis opened the door partly, Applegarth pointed a firearm at him.
Louis grabbed the firearm and was shot and killed during the struggle.