MOUNTAIN VIEW COUNTY - A man originally charged with second-degree murder in the death of Mountain View County woman Brenda Ware in May 2021 has been handed an eight year prison sentence on the lesser charges of aggravated assault and arson.
Philip Jeffrey Toner, 44, entered pleas before Judge Glen Poelman in Calgary Court of King’s Bench on Aug. 27 and his sentencing was held Monday, Nov. 25.
He received a five year sentence on the aggravated assault charge and three years on the arson charge, with the sentences to run concurrently.
Toner was given credit for time served in pre-trial custody totalling 1,941 days.
The Crown had asked for a combined sentence of between eight and 10 years, while the defence had asked for time served.
Ware, 35, lived near Cremona and worked as a hairstylist in Sundre.
Toner and Ware were in a sexual relationship starting in early May 2021, court heard.
Last seen in Didsbury on May 4, 2021, Brenda Ware’s body was found two days later along Highway 93 in the Kootenay National Park about 50 kilometres northeast of Radium, B.C.
Toner was arrested in B.C. and charged on May 11, 2021.
In an agreed statement of facts accepted by the court on Nov. 25, Toner admitted that the did “unlawfully wound, maim, disfigure, or endanger the life of Brenda Ware, thereby committing an aggravated assault."
He also admitted that he “intentionally or recklessly cause damage by fire or explosion” to Ware’s residence, located outside Didsbury on Range Road 50.
Toner and Ware got into a physical altercation in her residence on the evening of May 4-5, the statement reads.
“In the early morning hours, Toner physically assaulted Ware within her residence ultimately causing her to go unconscious. Toner did not make any attempt to get her medical assistance and did not call anyone else for help.
“On May 5, 2021, when Toner awoke, he determined that Ware was not moving. He attempted chest compressions on her. However, upon confirming she was deceased, he loaded her body into the back of her Jeep.
“Toner then attempted to burn down Ware’s house by starting multiple fires at various locations in the house.”
The autopsy on Ware’s body found a number of injuries, including ecchymosis (bruising) to the head, soft tissue hemorrhages to the face, lacerations, subgaleal hemorrhages (under the scalp), a mild left subarachnoid hemorrhage (in the tissues that cover the brain), and blunt force trauma to the abdomen causing rib fractures on the left and right side of her body.
The autopsy also found an incised wound described as a stab wound (measuring 2.8 cm in depth and 1.1 cm in length) which entered the spinal discs but did not extend into the spinal canal, an incised wound to the upper lip, and superficial incised wounds on her hands.
“Due to the transport of Ware’s body and animal scavenging, some of the injuries observed may have occurred after her death. Those include the incised wound to the upper lip and some of the bruising as well as the stab wound.
“Furthermore, the rib fractures were consistent with an attempted resuscitation and could have occurred after Ware’s death.
“The injuries, in themselves did not provide a conclusive cause of death.”
The statement of facts also referred to Toner’s cautioned statement given to police on May 11 and 12, 2021 following his arrest.
In that statement he said “he hit Ware and she fell down the stairs and died. Toner then stated he laid down beside her until he awoke the next morning at approximately 10:30 a.m. and decided to attempt to burn Ware’s house down by setting several localized fires within the residence.”
Toner originally faced charges of second-degree murder, arson damage property, and interfering with a dead body. The change of plea was arranged by prosecutors and defence after medical examiners failed to determine the cause of Ware’s death.
As well as the prison sentence, Toner was also handed a life-time firearms prohibition and order to provide a DNA sample.