Richard Shields, convicted of beating his elderly mother to death in a rage, is not entitled to share in her estate, a judge has ruled.

Ethel Fenotti, 73, died without a will when she was killed by her son on May 10, 2012. On that same day, Shields was arrested and charged with second-degree murder.

In April last year, a man appointed as administrator of Fenotti’s estate and all four of her children, including Shields, signed a deed of arrangement setting out the manner in which the residuals of her estate would be distributed.

The share that would have been given to Shields was held in a trust pending a court hearing to determine what to do with that share.

On July 11, 2013, after pleading guilty to second-degree murder, Shields, 51, received a mandatory sentence of life in prison with no parole eligibility for 10 years.

A subsequent court hearing was held to deal with two issues — whether Shields was entitled to a share of the estate and, if not, whether his share should be given to his three siblings.

Citing a rule of public policy that prevents a criminal from benefiting from his or her crime, B.C. Supreme Court Chief Justice Christopher Hinkson found Shields should not receive anything from the estate.

But due to the terms of the deed, the judge said he wanted more submissions on whether Shields’ share should be distributed among his siblings. He adjourned that issue.

The killer, who remains in custody, was not in court for the hearing and was not represented, despite an invitation to participate.

At the murder trial, court heard that seven years prior to the slayings, Shields had moved into Fenotti’s small one-bedroom apartment at East 12th Avenue and Main Street.

He slept on her sofa in what was to have been a temporary arrangement, but ended up staying for the next seven years.

An alcoholic and a drug abuser, he was also a hoarder who dragged all manner of junk into the apartment. It was so bad that even the bathroom was a mess and Fenotti had to clean out the bathtub before she could have a shower.

His mom tried to get him to contribute to the rent and when he refused, she tried to get him to leave. It was a dispute that led to many arguments.

Things came to a head in the morning hours of May 10, 2012 when Shields, who had been drinking earlier, returned home and got into yet another argument with his mother.

Shields later told police that he told his mother to shut up and she slapped him in the face, causing him to go into a rage and start beating her.

kfraser@theprovince.com

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