Had it not been for the significant changes Taylor James Wolff made in his life, Justice Gerald Allbright said he would have increased the man’s parole ineligibility beyond the 10-year minimum for second-degree murder.
Instead, he sentenced Wolff on Wednesday to life in prison with no chance of parole for 10 years, saying he is certain that Wolff, a recovering methamphetamine addict, is a different person than he was when he killed 43-year-old James Carlson a decade ago.
Following a Saskatoon Court of Queen’s Bench trial last month, Allbright convicted Wolff of fatally shooting Carlson at the victim’s home on May 14, 2008. Eight years passed before Wolff was charged in connection with Carlson’s death.
Wolff and Carlson knew each other through the drug scene in Watrous, court heard. Witnesses testified there was a tension between the men; Carlson was preparing to testify at a preliminary hearing for Wolff, who was facing drug charges.
There was a motive and intention to intimidate Carlson — and Wolff used a gun to do so — proving the shooting was intentional, Crown prosecutor Bill Burge told court. He said the fact that Carlson’s body has never been found is an aggravating factor that should raise the parole ineligibility “well beyond” 10 years. The maximum parole ineligibility for second-degree murder is 25 years.
Burge said it is rare for someone to be found guilty of murder without a body, but noted the circumstances of the case — including the bloody, bullet-ridden crime scene — established that Carlson had been killed.
Defence lawyer Brad Mitchell argued the minimum parole ineligibility was appropriate because Wolff “is a completely different person than he was when he was a drug-addicted 23-year-old.” Mitchell said up until two years ago, Wolff was heavily addicted to meth. He is now committed to sobriety and faith, court heard.
“We would not have been here” without Wolff’s addiction, Allbright said during his sentencing decision, noting how drugs largely shaped Wolff’s lengthy criminal record of breaches and property offences.
Vanessa Carlson, one of the victim’s three daughters, said her father removed himself from her family because of his addictions issues. She believes he deserved a chance to change and was worthy of forgiveness.
“James had a lot of life left. He did not deserve this,” Marie Schmidt, Carlson’s cousin, said in her victim impact statement.
She also read Carlson’s parents’ statement. Marilyn and Allen Carlson said their son was a wonderful mechanic who was always willing to help fix things on people’s farms, something he was last seen doing before he disappeared.
Carlson’s parents said their son deserves a resting place. Others urged Wolff to tell them where Carlson’s body is.
Outside court, Mitchell was asked if his client holds the answer to that lingering question.
“I have no comment on that,” he replied.
Mitchell would not say if his client maintains his innocence, but indicated an appeal is being considered.
“At one time you had a heart. Now you have a dead look in your eyes,” Carlson’s former partner told Wolff, who she described as her high school friend. She said Wolff grew up in a loving home and deeply hurt his parents.
Court heard how the crime shook the community of Watrous, where many knew both Wolff and Carlson. Schmidt talked about feeling uncomfortable when she sees the Wolff family around town.
Twenty-six letters of support for Wolff were filed with the court, outlining how Wolff has dedicated himself to helping others. Allbright said he’s never read so many letters written about one person.
He acknowledged that while Wolff may have changed, the harsh reality of Carlson’s death remains the same. Allbright said Wolff now has an opportunity to continue improving his life — something Carlson, with all his struggles, didn’t get the chance to do.