Crown seeks 10-year sentence in man’s fatal stabbing of wife’s aunt

Prosecutors are seeking a 10-year prison sentence for a Winnipeg man who fatally stabbed his wife’s aunt in the neck after she intervened in a drug and alcohol-fuelled domestic dispute.

Dustin Swampy, 31, stood trial for second-degree murder in the May 2024 stabbing death of Rachel Muswagon, but was convicted of the lesser offence of manslaughter.

“(Swampy) introduced a large knife into the equation for no known reason,” Crown attorney Joel Refvik told King’s Bench Justice Jeffrey Harris. “Had he been sober that night this event wouldn’t have happened and we wouldn’t be here today.”

Court heard at trial Swampy had been drinking and his wife, her mother and Muswagon had been using drugs at the couple’s Sargent Avenue apartment when Swampy began arguing with his wife over $20. Also present in the apartment were the couple’s two young children.

Swampy’s wife testified Muswagon exited a bedroom to tell Swampy to “back off,” after which Swampy grabbed a knife from the kitchen and put it in his pocket.

The woman said Muswagon went back to the bedroom and returned with $20, which she gave to Swampy. The woman said she stood between Swampy and Muswagon as they yelled at each other and tried to push Swampy away when Swampy pulled out the knife and swung it one time over her shoulder.

The woman said she looked behind her and saw Muswagon holding her neck.

Swampy and his wife took their children to a friend’s apartment on another floor while the woman’s mother applied pressure to her neck.

Swampy’s children “will suffer a long time as a result of witnessing this confrontation,” Refvik said.

Swampy returned a short time later, called 911 and helped administer first aid until paramedics arrived.

“There is no question that Mr. Swampy is remorseful for his conduct in this matter” said defence lawyer Zachary Kinahan, who urged Harris to sentence Swampy to seven years in prison. “He stayed, he rendered assistance.… He didn’t want (Muswagon) to die.”

Swampy stabbed Muswagon “in the heat of the moment” when he was “entirely intoxicated,” Kinahan said.

Swampy spent his youth in and out of foster care, has struggled with substance abuse issues and has a family history of residential school involvement, court was told.

While in custody, Swampy has taken every possible rehabilitative program available to him, Refvik said.

Swampy “is not a lost cause and has been a law-abiding member of society for most of his life,” but his crime demands a sentence that emphasizes denunciation and deterrence, Refvik said.

“This was a completely unnecessary act… He could have walked away but he didn’t,” he said.

Swampy will return to court for sentencing June 23. He remains in custody.

dean.pritchard@freepress.mb.ca