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Woman pleads guilty in fatal shack fire
Murder charge reduced to manslaughter for Apex woman who caused husband's death

Casey Lessard
Northern News Services
Published Monday, Oct 29, 2012

IQALUIT
An Apex woman accused of murdering her husband in a Dec. 12, 2009, shack fire entered a formal guilty plea for the lesser charge of manslaughter on Oct. 23, arguing she simply wanted to burn down the shack, not kill her longtime partner, court heard.

The charge against Eulalie Ussak, now 53, came after a tumultuous day in the shack beside the house she shared with Kenneth MacFarlane, who died at age 50. His body was found near a wood stove after Ussak poured gasoline near the door to the shack. The source of ignition was not determined as gasoline covered the floor, MacFarlane was smoking, a candle was burning on the table, and the wood stove was burning.

In an agreed statement of facts, court heard the two were married in December 2008, and that MacFarlane was physically and verbally abusive throughout their nine-year relationship. Ussak blamed the shack for abuse she suffered at MacFarlane's hands.

On the day in question, Ussak returned from a six-day trip to find her husband drinking vodka in the shack, where he spent a great deal of time entertaining himself and friends, drinking and smoking. The plywood shack had electricity, a wood stove and arcade games, but no running water, safety equipment or fire extinguishers, court heard.

Ussak tried to convince MacFarlane to come into the family home several times to spend time with relatives, but he was critical of the cleanliness of the home and returned to the shack. A taxi delivery of more alcohol resulted in him remaining there even longer.

One of Ussak's daughters heard her tell him: "I'm going to burn that shack down," repeating the phrase with profane force during a later phone call."

Ussak decided to leave, taking her two daughters and two grandchildren to Iqaluit. As they waited on the porch, Ussak went to where MacFarlane was, and the daughters heard an argument about the shack ensue.

Threatening to destroy the structure, Ussak poured gasoline at the doorway. In response, MacFarlane called Ussak various derogatory names.

Ussak took the family and left in a truck. On their way up the hill, one of the daughters noticed a fire and suggested they turn back. Ussak said no.

One of the daughters called police upon their arrival in Iqaluit. No one returned to check on MacFarlane.

Ussak called in sick to work the next day and claimed to have found out about the fire from a friend. A co-worker took her to the scene, where she started crying and reportedly said, "He's my whole life. I hope he didn't die." The shack and MacFarlane were consumed by the fire.

Ussak was arrested two days after the fire, and admitted to pouring the gasoline.

The autopsy showed MacFarlane, who had a blood alcohol level more than double the legal limit to drive, died as a result of the fire.

Ussak spent one month and three days in custody before being released to live with her mother in Rankin Inlet. At a bail hearing in 2011, the terms were changed to allow her to live in Iqaluit.Justice Susan Cooper allowed Ussak to remain free on bail until her sentencing Dec. 14, the third anniversary of her arrest.

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