WARNING GRAPHIC CONTENT BELOW
[9] The admitted facts and the psychological and psychiatric evidence provide a clear picture of the nature of the offence and the circumstances surrounding it. Mr. Bobocel admitted that he and Ms. Bigelow were having marital problems and Mr. Bobocel knew Ms. Bigelow was saving money to leave the relationship. On the evidence before me, it is probable that Mr. Bobocel had a disagreement with Ms. Bigelow on March 11, 2011, the date of the offence. Thereafter, between 5:55 AM and 6:30 AM, Mr. Bobocel went outside to retrieve a ball peen hammer from his truck. He then returned to the bedroom where Ms. Bigelow slept in her bed and struck her 3 times on the head with the hammer. Their 5 children were sleeping elsewhere in the home. Mr. Bobocel told police that he knew Roxanne was dead because she hadn’t moved for about an hour.
[12] The brutality of Mr. Bobocel’s actions are inarticulable and because Mr. Bobocel thereafter attempted to conceal his crime and to dispose of Ms. Bigelow’s body by grinding it up, no post-mortem was possible. In fact, only 60% of her remains were recovered and returned to her family for burial. Consequently, Mr. Bobocel’s admission that he struck Ms. Bigelow 3 times on the head is the only information the Court has regarding the manner and duration of the attack.
[14] He deprived 5 children of their mother and their father; the youngest of the children was only two at the time. Ms. Bigelow’s mother and sister must cope with the responsibility of raising five children and answering their unanswerable questions about that day. The lives of the people close to Ms. Bigelow will be forever changed by Mr. Bobocel’s actions that day.
[21] Finally, Mr. Bobocel is of Metis decent. For that reason, the Court ordered the pre-sentence report to address Gladue factors. It is recognized that Gladue principles are of limited relevance for crimes as serious as murder, but in any event, the Court concluded from that report that Gladue principles are not relevant at all in the circumstances of this case. The pre-sentence report states that Mr. Bobocel only became aware of his Metis background when he was 28 years old. He intends to take advantage of his Metis Settlement card for the benefits available to him when he is released and returns to his logging business. He has never lived on a Metis Settlement and does not intend to do so when released. More importantly, he was raised to follow the ways and traditions of a Jehovah’s Witness and has no desire to follow the ways of the Metis people.
Right out of Fargo.