It was not the verdict Terry and Jean Cusworth wanted to hear 22 years after their daughter was found dead in a Kelowna suburb. Two trials later, the man convicted of manslaughter in connection to Jennifer Cusworth’s death has been sentenced to 11 years but with time served, will spend less than two years in jail.
Jean Cusworth tried to contain her anger after a verdict that she calls "unbelievable".
“I think it’s garbage. To talk about what he has done in the community and supported the community. No discussion at all about the semen that was found in Jen’s body,” said Jean Cusworth.
Neil Snelson was found guilty of manslaughter in the death of Jennifer Cusworth in a case that dates back to 1993. After leaving a party in downtown Kelowna, Jennifer Cusworth was never seen alive again. Her body was found on October 17, 1993 near Swamp Road in what was then a suburb. In 2009, Snelson was arrested because physical DNA evidence linked him to the scene.
A trial in Kelowna found Snelson guilty in 2011 but a re-trail was allowed in Kamloops. On June 17, a jury found Snelson guilty of manslaughter.
While the crown had suggested 15 to 18 years in prison, Snelson’s lawyer Richard Fowler asked for 10 to 12 years. However, he also suggested that considering time served Snelson should only face up to two years in jail.
After taking a few days to review his notes, Judge Dley concluded on Wednesday that there was not enough evidence to conclude Snelson had slept with Jennifer Cusworth just before her death.
“There was intercourse between the parties,” said Dley as he read the verdict. “There is insufficient evidence to prove there was a sexual assault.”
Dley stated that 11 years in jail would be a “fit and proper sentence” however, counting nine years and three months for time served, Snelson will spend one year and seven months in jail.
Jean and Terry say they will continue to work with the crown to appeal the judge’s decision.
“They believe that there’s grounds for the appeal especially with the light sentence that he got,” said Terry Cusworth.
Jean Cusworth says she’ll do whatever it takes to make sure justice is served.
“I am going to fight this for all it’s worth. If I have to go to Ottawa, I’ll damn well go to Ottawa.”
