Warning: This story contains graphic details about a homicide that may be distressing for some readers.
Retired butcher Joseph Donald Skelly, previously sentenced to two years of house arrest for dismembering the remains of his son's common-law spouse, is now going to prison.
On March 7, 2024, Skelly was given a conditional sentence of two years minus one day for interfering with the remains of Beaumont, Alta. mother Treasa Lynn Oberly.
The Alberta Court of Appeal overturned the sentence on Oct. 24, the three-justice court of appeal panel stating the original sentence was "demonstrably unfit," and instead imposing a new sentence of three years.
According to court documents, on the evening of July 15, 2023, Skelly's son came to his house and told him he had caused the death of his common-law spouse and had brought her body to Skelly's garage.
Skelly, 69 at the time, discussed with his son how to dispose of the remains in a way that would disguise the victim's identity. They talked about Oberly's identifying tattoos on her forearms, the possibility of fingerprints and dental records.
Reportedly in an effort to protect his son from prosecution, Skelly removed identifying parts of the victim's body. Using an axe, a boning knife and an electric saw, Skelly amputated both feet, both arms and decapitated the body. He then burned them in a burn barrel in his back yard, later putting the ashes in his recycling bin.
Skelly had been drinking before his son arrived and continued to drink while he dismembered the victim.
The next morning, Skelly drove the rest of the remains to a rural area about 200 kilometres away with the intent they would not be discovered.
When he returned home, he burned the tarps and mattress he had used to cover the body and cleaned his garage and vehicle.
Two days later, he was interviewed by the RCMP about Oberly, who was still considered missing.
It wasn't until three days after his cell phone had been seized that Skelly admitted to police that he knew where Oberly's remains were and showed officers the exact location. After that, he admitted to dismembering her body.
Later in court Skelly pleaded guilty to interfering with human remains.
Oberly's remains were only able to be identified through DNA analysis, preventing investigators from determining the cause of death, which was believed to be a head wound.
The maximum sentence for the offence is five years' incarceration. The Crown said an appropriate sentence would be 3.5 years, given the "heinous nature" of the crime. Defence counsel argued for a conditional sentence of two years less a day, followed by probation.
The defence presented evidence of Skelly's prior good character and noted he had no prior criminal record. References from friends and neighbours opined Skelly was a candidate for rehabilitation.
It was stated Skelly began drinking after his wife died 12 years before the offence.
The sentencing judge, the Hon. Justice J.S. Little, concluded alcohol was a factor in Skelly's actions and felt his remorse was genuine. Little also considered the fact Skelly was not also responsible for the homicide and was acting in the interest of his son.
"Mr. Skelly’s actions were completely misguided, and the way that the crime was carried out was gruesome in the extreme. Nevertheless, he had nothing to gain by it other than a father’s instinct to attempt to protect his son," Little said during his sentencing.
Little concluded all available sanctions other than incarceration should be considered.
"In this case, I do not see that a federal term of imprisonment in an institution would serve any purpose," he said.
Little sentenced Skelly to a conditional sentence of two years, with the first 12 months served under house arrest followed by 12 months of probation and 200 hours of community service.
The Crown appealed on the grounds the sentencing judge made an error under the parity principle, meaning sentences should be similar to sentences imposed for similar offences and circumstances.
In their written decision, the panel wrote "There is, however, no principled reason to disregard the sentences imposed for indignity offences just because they are joined with a conviction for the underlying homicide."
They further concluded the sentencing judge erred in his analysis of the appropriate sentencing range.
"The sentence over-emphasized the respondent’s personal circumstances, and the effect that any sentence would have on him," said Hon. justices Jack Watson, Frans Slatter, and Alice Woolley.
"The appalling degree to which Ms. Oberly’s body was desecrated, properly described in the sentencing reasons as 'gruesome in the extreme.' Her remains were dismembered, burnt, and disposed of in a remote rural location ... the respondent essentially obliterated Ms. Oberly’s body as an intact entity."
Skelly has now been sentenced to 36 months in prison, minus time served in pretrial custody and under house arrest. he has until no later than Oct. 28 to surrender himself into custody.
Oberly was last seen on July 14, 2023 and was reported missing on July 16.
Search and rescue and community volunteers conducted ground searches in the area in an effort to find the 40-year-old woman, starting on July 22.
RCMP announced in a press release dated July 27 that Oberly's remains had been found on July 24 and Beaumont resident Kenneth Skelly, 43, had been charged with second-degree murder.
Later the same day, RCMP issued an update stating Jospeh Skelly had been charged with causing indignity to a dead body.
Kenneth was denied bail at a hearing on Oct. 4. His next court date is Oct. 29 at the Wetaskiwin Court of King's Bench for a conference.
