The Crown is seeking a four-year prison sentence for a Sturgeon County couple convicted of criminal negligence in the death of 76-year-old Dianne Simmons, who lay on the floor of their filthy home for up to 10 days before dying.
Sister describes 'nightmare' scene
Janice Simmons testified that seeing her sister in hospital was “like something out of a nightmare.” Dianne Simmons was wrapped in blankets, in her final hours, after paramedics lifted her from the floor of her daughter June Briggs’s home. Another sister, Marilyn Simmons, told the court: “It is incomprehensible to me what kind of human beings would show such a disregard for another person’s life.”
Crown argues for 'real jail'
Prosecutor Rayne Thompson urged Court of King’s Bench Justice Kelsey Becker Brookes to reject the defence’s request for a conditional sentence. “An offence of this gravity demands real jail,” Thompson said. “Ms. Simmons, a vulnerable senior, suffered the worst possible outcome — death — as a result of the actions and inaction of those in whom she placed her trust.”
Thompson noted that while defence argued Briggs and McElroy have “limited” intellectual capacity, both had the presence of mind to return home to care for their pets while Simmons lay dying. “On her last day, her carers placed more importance on the care of their animals … than the importance they placed on their mother,” she said.
Defence seeks conditional sentence
Defence lawyers argued for a conditional sentence of two years less a day to be served under supervision in the community, citing the couple’s limited intellectual capacity and other mitigating factors. The couple was found guilty of criminal negligence causing death in a previous trial.
Details of the case
Simmons lived with McElroy, now 69, and Briggs on a rundown rural property northeast of Legal, Alberta. The home was small, cluttered, unsanitary, and had no plumbing or running water. Emergency responders noted visible mold and a strong ammonia smell from Briggs’ many cats.
McElroy called 911 on June 7, 2023, for an unconscious woman. Paramedics found Simmons on the floor, covered in blankets, and discovered she was covered in her own urine and feces. It emerged she had been on the floor for seven to 10 days. McElroy and Briggs occasionally provided food and water but claimed they did not seek medical care because Simmons told them not to. They called 911 only when she fell unconscious. She never awoke and died the next day of organ failure linked to infected ulcers all over her body.
Court proceedings continue
Justice Becker Brookes is expected to deliver a sentencing decision at a later date. The case has drawn attention to the vulnerability of seniors and the responsibilities of caregivers.
