SYDNEY, N.S. — One of the three men convicted in Cape Breton’s most notorious murders has been awarded unescorted temporary absences for the purpose of personal development by the Parole Board of Canada.
Freeman MacNeil, now 51, was convicted of first-degree murder, second-degree murder, forcible confinement and robbery in the 1992 McDonald’s murders. He has been eligible for day parole since 2014 and full parole since 2017.
The absences are to “maintain your relationship and interpersonal skills, to familiarize yourself with the place where you will potentially stay on day parole.”
A community residential facility has been identified where he has been accepted.
He has been approved for two unescorted absences of up to 24 hours each, one each month. They are renewable every 60 days, to be possibly gradually increased.
The board’s decision notes it took submissions into account including statement from victims’ relatives.
“These statements express the emotions that they are still feeling today because of your offences, including hurt, pain, emptiness, sadness, frustration, rage, loss and anger. They also express a fear of seeing you and request that you are forbidden to return to the East Coast. They oppose the granting of any form of release.”
On May 7, 1992, a botched robbery at the Sydney River McDonald’s restaurant resulted in the murders of workers James Fagan, 27, Donna Warren, 22, and Neil Burroughs Jr., 29.
The lone survivor, Arleen MacNeil, was only 20 years old when she was shot, and she lived for many years at a home for people with acquired brain injuries but died last year.
Derek Wood, then 18, an employee of the restaurant, along with MacNeil and Darren Muise, 18, broke into the restaurant after closing, planning to rob it. They managed to steal only $2,017.
The brutality of the crime shook the community and discussion of it continues to inflame passions, despite the passage of time.
In considering MacNeil’s request, the board had to determine that he wouldn’t provide an undue risk to society during his absence.
The board’s decision notes that MacNeil is believed to have provided the .22-calibre handgun used in the robbery — which he denies — the escape vehicle, rope and a shovel handle. The decision notes that MacNeil denied knowing one of the accomplices was armed with a gun.
The decision states that while MacNeil had no prior criminal record, police suspected he had been involved with a series of break-ins prior to the murders, and he has acknowledged taking part in thefts with an accomplice.
MacNeil’s reintegration potential and motivation is assessed as medium. He has been in minimum-security institutions since 2012.
He has undertaken several training sessions, mainly to learn French. While MacNeil is mostly described as compliant during his incarceration, he has on occasion adopted an intimidating attitude toward employees or other inmates.
In 2014, he was placed in segregation for making a death threat against another inmate.
MacNeil had his first escorted temporary absence in 2016 and has since had about 300, without incident.
A psychological assessment completed this year deemed his risk of violent recidivism as low-moderate in the short and long terms. The decision notes he needs to adapt to social reality, which has changed greatly since 1992.
The board called unescorted temporary absences the next logical step in his reintegration process. It also noted he has little support in the community and he must build a network that could assist in reintegration efforts.
Under the conditions of his release, MacNeil is to avoid contact with anyone involved in criminal activities and to have no direct or indirect contact with the victims’ families.
Muise admitted to killing Burroughs, a married father and maintenance worker. He pleaded guilty to second-degree murder and was sentenced to life in prison with no possibility of parole for 20 years. Muise was granted full parole in November 2012. He is now living in lower mainland British Columbia with his girlfriend.
In 2015, Wood lost his appeal of the decision to deny him day parole.
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