Michael Ilk to appeal 200-year prison sentence in Montana, family confirms

The family of a Calgary man sentenced to 200 years in Montana State Prison is desperate to get a new trial, saying it is "absolutely shocked" and"at a loss" in trying to justify the severity of the punishment.

Michael Ilk, 41, wassentenced Mondayfor two counts each of attempted murder and aggravated assaultafter he fired10 shots athis ex-girlfriend and her co-worker in what U.S. prosecutors say was a jealous rage.

• Little Ottawa can do for Calgary man handed 200-year prison sentence in U.S., legal expert says

"Michael is the sweetest, kindest, most compassionate man I have ever known," said Ilk's aunt,CindyMjolsness.

"He didn't do what he did because he was a jealous raging boyfriend," Mjolsness told CBC Calgary News at 6. "It wasn't a premeditated thing."

Aunt explains family's next course of action, following Michael Ilk's 200-year prison sentence

8 years ago

Duration 4:07

The family of a Calgary man sentenced to 200 years in Montana State Prison is desperate to get a new trial, saying it is "absolutely shocked" and "at a loss" in trying to justify the severity of the punishment.

Mjolsness said her nephewIlk "expected something severe, because that's what we've been hearing all along," but that he was "stunned" when the ruling was handed down.

"We do not feel that he has had a fair trial. We're at a loss. We're reaching out to everyone. We have to get a new trial," Mjolsness said.

"We have to pursue every avenue, because this is just not right."

The family is looking togovernment officials and legal experts for recourse,but Mjolsness said sherecognizes that the Canadian consulate will not be able to step in so long as otherlegal proceedingsincluding thepending appeal and million-dollar civil suit against Ilkare still ongoing.

Plea deal fell apart

Ilk's lawyer SeanHinchey, saidhe originally struck a plea deal with the prosecutor,but that thecourt indicated it was "not willing to be a party to that agreement."

"It put us back to the drawing board and forced our hand into taking it to trial," Hinchey said.

'Far and away beyond anything that I had imagined,' says lawyer Sean Hinchey of client's 200-year prison sentence

8 years ago

Duration 4:14

Calgarian Michael Ilk, 41, was sentenced Monday to 200 years in Montana State Prison for two counts each of attempted murder and aggravated assault after he fired 10 shots at his ex-girlfriend and her co-worker in what U.S. prosecutors say was a jealous rage.

The defence then based its caseon the theory of justifiable use of force, commonly known as self-defense.

Hinchey said he respects the jury process, butwas "shocked" at the outcome.

"In 20 years' practice, I've never seen a sentence anywhere close to that length of time, given the facts of the case and the mitigating factors that we presented, both at trial and at the sentencing."

Judge a 'good, honest man,' says lawyer

Hincheysaid he haspracticedin front of the presiding judge in this case,District Court Judge James Wheelis, for many years.

"Frankly, I've always found him to be a good, honest man. That's frankly why I'm a bit baffled given this sentence," he said.

"I hesitate to speculate as to why 160 years in the prison with no parole was what he thought was an appropriate sentence, particularly given Michael's lack of any criminal history, the facts of the case, the support that was shown by his family and friends," Hincheysaid.

An additional 40 years in prison with no parole was imposed, broken down into two 20-year sentences for each count of aggravated assault.

"I can't see the justness in that sentence," said Hinchey.

Hinchey said this ruling doesnot take into account punishment guidelines in the State of Montana, as it leaves "no ability" for therehabilitation of the defendant.

"Frankly, that's why we've become the process of not only appealing his conviction, but challenging the sentence imposed."

With files from CBC Calgary News at 6