OSHAWA, Ont. — A judge highlighted the strength of an Ontario mother, the kindness of her son and the positivity of her daughter on Tuesday as he sentenced their killer to life in prison with no chance of parole for 25 years.
Cory Fenn was found guilty of three counts of second-degree murder in the 2018 deaths of his on-again, off-again girlfriend Krassimira Pejcinovski and her children Roy, 14, and Venellia, 13, in Ajax, Ont.
Justice Howard Leibowich called Fenn's actions "horrific" before using the words of Pejcinovski's eldest daughter, Victoria, who hadn't been home when the murders occurred, to reflect on the lives lost.
"My mom was such a beautiful person inside and out and was the most amazing mother," Victoria wrote in a victim impact statement read by Leibowich in court. "She was so strong and worked hard to make sure that we had a better life than she did growing up."
"My brother was one of the most kind-hearted and respectful people ever," the statement said.
Victoria, who had been 16 at the time of the murders, then described her sister as her best friend.
"She knew how to brighten anyone's day with just a smile and a few jokes," she wrote. "I was always so serious but she was able to bring out the goofy side in me and I don’t think I’ve ever laughed harder with anyone else."
The judge said Fenn's crimes were devastating.
"Mr Fenn's actions destroyed the family and caused considerable harm to the community," Leibowich said.
Second-degree murder carries a mandatory lifetime sentence with a minimum 10 years before parole eligibility.
The judge imposed the parole ineligibility periods for the murders of Pejcinovski and Roy to be served concurrently. He reserved judgment on the sentence for the murder of Venellia until the Supreme Court of Canada decides on the constitutionality of imposing periods of parole ineligibility for multiple murders.
Leibowich said the murder of Venellia, who went by Vana, was a separate and distinct act that occurred five hours after the murders of her mother and brother.
"Mr. Fenn killed Vana in a desperate and futile attempt to escape detection," the judge said. "In my view, having regard to the nature and circumstances of the offences and the character of Mr. Fenn, a consecutive parole ineligibility period must be imposed for the savage and cruel murder of Vana."
The Crown had sought a sentence of 72 years before Fenn could apply for parole, while Fenn, who represented himself, noted 10 years would be "perfect."
Fenn said nothing in court Tuesday other than to ask the judge to replace his law dictionary, which he said was damaged in a flood in jail.
Fenn lived in the basement of Pejcinovski's home and the two had an on-again, off-again relationship the judge described as "toxic."
Fenn and Pejcinovski hung out on the evening of March 13, 2018, in his apartment, snorting cocaine, court heard.
Pejcinovski later left the home and Fenn found her in the garage, beat her and tried to strangle her, court heard. When that didn't work, Fenn went to the kitchen, grabbed a knife and returned to "finish the job," the judge said.
Fenn went on in a rage to attack Roy, who was asleep in his mother's bed after a night playing video games. Fenn, a large man who had been on steroids, beat and then strangled the boy, court heard.
Fenn attacked Venellia five hours later when the girl went to check on her mother. He beat the teen then stabbed her repeatedly with a butter knife, court heard.
Pejcinovski's boss worried about her and came to the home. Sherry Robinson testified she noticed blood on Fenn's arm when he answered the door. She demanded to see Pejcinovski, but Fenn said she was asleep. Robinson left and called police.
Fenn bolted before police arrived, but officers eventually tracked him down in a shed at another ex's place, court heard.
Fenn told police after his arrest that he was in a state of cocaine psychosis at the time after a five-day coke binge. The judge didn't buy the explanation.
Leibowich also did not accept the Crown's proposed motive that Fenn killed Pejcinovski after a breakup.
Rather, the judge said Fenn's own words were likely the closest court will hear about a motive – he was fed up with Pejcinovski's constant badgering about being with another woman and he "had enough of that."
Fenn fired his lawyer before trial and did not call a defence, although a court-appointed lawyer made closing submissions for him.
On Tuesday, the judge said he will wait until the Supreme Court rules on the constitutionality of serving periods of parole ineligibility consecutively rather than concurrently before ruling on the sentence for Venellia's murder.
The Supreme Court heard arguments last month on the constitutionality of the law that was brought in by Prime Minister Stephen Harper's Conservative government in 2011.
The Court of Appeal of Quebec found the law unconstitutional after a lower court imposed a life sentence without parole eligibility for 40 years for Alexandre Bissonnette, who killed six in a shooting rampage at a mosque in Quebec City in 2017. The Crown appealed that case to the Supreme Court.
Leibowich said he'd impose a consecutive sentence for Vana's murder if the law is upheld.
This report by The Canadian Press was first published April 5, 2022.
Liam Casey, The Canadian Press
