A man originally charged with second-degree murder in the death of a Cremona-area woman in 2021 has pleaded guilty to lesser charges of aggravated assault and arson, court officials told the Albertan.
Philip Jeffrey Toner entered the pleas before Judge Glen Poelman in Calgary Court of King’s Bench on Aug. 27.
Toner, 44, originally faced charges of second-degree murder, arson damage property, and interfering with a dead body in the May 2021 death of Brenda Ware.
He was set to go to trial on the charges in November but changed his plea. The murder and interfering with a dead body charges were withdrawn.
Last seen in Didsbury on May 4, 2021, Brenda Ware’s body was found two days later along Highway 93 in the Kooteney National Park about 50 kilometres northeast of Radium, B.C.
Ware, 35, lived near Cremona and worked as a hairstylist in Sundre.
Toner was arrested in B.C. and charged on May 11, 2021.
Last month his trial date was set for Nov. 25-28 in Calgary Court of King’s Bench.
The change of plea was reportedly arranged by prosecutors and defence after medical examiners failed to determine the cause of Ware’s death.
In a pre-trial ruling, Justice Poelman determined that statements made by Toner while in custody following his arrest were admissible.
A voir dire hearing was held to determine whether the statements made on May 11, 12 and 17, 2021 were voluntary and admissible at trial.
“From the start of telling his story (to officers), Mr. Toner indicated personal involvement in Ms. Ware’s death,” the justice wrote in the voir dire ruling. “His story developed early and remained constant: he hit her, choked her, and caused her to fall and strike her head.
A date for Toner’s sentencing on the aggravated assault and arson charges is expected to be set on Sept. 13, court officials said.
Crown prosecutor Joe Mercier did not immediately return an Albertan call seeking comment and further information.
Aggravated assault and arson each carry sentences of imprisonment for terms not exceeding 14 years.
