Describing the confessions of Gregory Mitchell Fertuck as “chilling and convincing,” a Saskatoon King’s Bench judge has found him guilty of first-degree murder in the death of his estranged wife Sheree Fertuck.
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Describing the confessions of Gregory Mitchell Fertuck as “chilling and convincing,” a Saskatoon King’s Bench judge has found him guilty of first-degree murder in the death of his estranged wife, Sheree Fertuck.
In a decision almost three years in the making, Justice Richard Danyliuk read an oral summary of his 87-page written decision on Friday in front of a packed courtroom. Fertuck, 70, has been on trial since September 2021.
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“You killed Sheree,” Danyliuk said, addressing Fertuck, who turned around to face the gallery when he was brought into the prisoner’s box.
Reading his decision, Danyliuk said Sheree “was many things to many people. She was a mother, a grandmother, daughter, a sister. She was a wife. She was a businessperson. She was tough and hardworking. She was loyal. She was not just a name, she was a real person, important to many people.
“And, as of Dec. 7, 2015, she was gone.”
Gregory Fertuck was charged with first-degree murder and offering an indignity to human remains in 2019, after making admissions about the killing to undercover officers during a Mr. Big sting.
Danyliuk — describing it as “a long complex trial” and one of the strangest cases he has ever seen — found that Fertuck shot Sheree twice in a gravel pit near Kenaston, Sask., on Dec. 7, 2015. He said the two shots, including an execution-style shooting, undoubtedly proves an intent to kill.
Danyliuk said he’s tried to find another reasonable inference, but “there is no such evidence.”
The 51-year-old mother of three and grandmother was last seen driving to haul gravel that afternoon. Her semi, keys, jacket and cellphone were left at the pit, but her body has never been found. It became clear that she “vanished without a trace,” Danyliuk said.
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Her disappearance was ruled a homicide, but the case went cold for four years.
Fertuck told the officers during the Mr. Big sting that he shot Sheree first in the shoulder and then again in the back of the head during an argument over splitting assets. He said he then used a loader at the pit to move her body into his truck and dumped her body in a bluff of trees northeast of the pit.
The trial heard the couple was separated, and Sheree was preparing to file for divorce. Fertuck wanted $15,000 from his pension, but Sheree refused to consent until they had worked out the property division.
By all accounts, Danyliuk noted, their marriage was a rocky one. The judge described Fertuck as an abusive alcoholic who threatened to kill her during domestic disputes.
He was still doing work for her gravel hauling business. The morning of her disappearance, Sheree was angry because she believed Fertuck had logged more hours than he had worked, the Crown said when presenting a motive during closing arguments.
Danyliuk found Fertuck lied to police by telling them he hadn’t gone to the pit, even though cellphone evidence showed otherwise.
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Phone records show she called him as he was leaving an appointment at 11:28 a.m., and then called the bank to cancel his payment.
Fertuck then drove to the pit where Sheree was hauling gravel to confront her about the money, the Crown said. His cellphone pinged off a tower near the pit around 1:20 p.m.
That conversation about splitting assets did not go well, the judge said.
“She was a tough broad. She didn’t give in,” Danyliuk said, adding that he has “no doubt” Fertuck had a plan to kill Sheree if their conversation went poorly.
He had a chance to drive away and let her live, but he did not. Even if killing her was his “Plan B,” Danyliuk said, it was no less a plan.
“He executed his plan and he executed Sheree,” Danyliuk said.
There doesn’t have to be a body to prosecute a homicide, Danyliuk said, noting a strong circumstantial case can still result in a conviction.
Floating theories that Sheree is alive has no basis in evidence, he added. Danyliuk specifically rejected testimony of a women who said she saw Sheree’s semi going by her farmhouse after 5 p.m. on the day she disappeared, suggesting she might still be alive.
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Among the key pieces of evidence cited by Danyliuk on Friday, he pointed out how Fertuck — during the Mr. Big sting — told officers he shot Sheree twice. Two shells were found at the pit — “hold-back evidence” that was never publicly released, he said.
Fertuck also told undercover officers that he threw the murder weapon — a Ruger 10/22 semi-automatic rifle — in a field near Biggar. It was later found in the area, in the midst of the trial. That is “powerful” and “compelling” evidence, Danyliuk said. He also noted how Fertuck drew four maps and diagrams of where the killing happened, and reenacted it.
Danyliuk said he has “found as a fact” that the rifle fired the shells found at the pit, adding the firearm expert was questioned three times and his testimony remained consistent.
“It’s the gun,” Danyliuk said. “It’s the murder weapon.”
Danyliuk said Fertuck claimed to be a “liar” and a “bullshitter,” and that he lied during the Mr. Big sting to “look cool and fit in,” despite physical evidence confirming so much of his confession.
“Everything Greg said fits with his account being truthful overall,” Danyliuk told court.
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A first-degree murder conviction carries a mandatory life sentence with no chance of parole for 25 years.
The sentencing date set was set for July 4 at 1:30 p.m. to allow family members time to prepare victim impact statements.
Fertuck has been self-representing since his defence team withdrew mid-trial. His amicus lawyer, Brent Little, told court Fertuck was “quite emotional” after hearing the verdict.
Danyliuk asked him if he had anything to say.
“No,” Fertuck replied succinctly.
In addition to the murder conviction, Danyliuk also found Fertuck guilty of indecently interfering with human remains for wrapping her in heavy plastic, loading her into the box of his truck and dumping her body.
The fact he did all of that, and still claimed to love her, is a continued act of spousal abuse, he noted.
“Improper? Indecent?” Danyliuk said. “You bet it was.”
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