Whitehorse Daily Star

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Photo by Vince Fedoroff

GRIEVING THEIR LOSS – The family of Evangeline Billy was joined Friday by Eric Fairclough (far left), the chief of the Little Salmon- Carmacks First Nation, following Alicia Ann Murphy’s guilty plea to manslaughter and sentencing in Billy’s death. Next to Fairclough is the victim’s daughter Azul, sister-in-law Candace and mother Bella Bresse.

‘I lost a very beautiful daughter’: bereaved mom

The mother of Evangeline Billy describes the sentence handed down Friday to the woman convicted of her daughter’s death as only “half-justice.”

By Stephanie Waddell on April 18, 2016

The mother of Evangeline Billy describes the sentence handed down Friday to the woman convicted of her daughter’s death as only “half-justice.”

Alicia Ann Murphy was sentenced for manslaughter in Evangeline Billy’s death.

Murphy had originally been convicted in 2009 of second-degree murder in the 2008 death on the Whitehorse waterfront. At that time, she was sentenced to 14 years in prison with no parole.

In 2014, that conviction was overturned by the Yukon Court of Appeal, and a new trial was ordered.

That trial was set to happen over the next month. At the last minute, however, Murphy pleaded guilty to manslaughter. The Crown and defence lawyers made a joint submission to Yukon Supreme Court Justice Leigh Gower.

The submission proposed releasing Murphy from custody by imposing a nine-year sentence.

Murphy would receive credit for much of the six years she had served at a rate of 1.5 days to one day served. The lawyers also put forward a three-year probation term.

Gower agreed with the submission, ordering the sentence.

The courtroom was packed with observers, resulting in officials opening another courtroom so all could view the proceedings via video link.

Among those filling the courtroom for the proceedings were many from Billy’s family.

Among them was her daughter Azul, her mother Bella Bresse and sister-in-law Candace Billy.

Following the sentence, the family was joined by Eric Fairclough, the chief of the Little Salmon-Carmacks First Nation, in speaking to the media.

Bresse described the sentence as only “half-justice” given Murphy’s guilty plea followed by her release from custody.

“I lost a very beautiful daughter,” Bresse said.

After years of waiting through court proceedings, she said, she can begin grieving.

As she moves through her grief, Bresse said, she will do everything she can to help the efforts for the pending national inquiry on missing and murdered aboriginal women.

She and other family members wore red clothing to show their support for the cause, with Bresse stating she wants to help other bereaved families.

Just nine years old when her mother was killed, Azul said much of what she knows about her mother comes from what her family has told her.

“I remember what they tell me and I remember some moments that I was with her, but those moments I hold onto, and I will for the rest of my life,” she said.

Through the emotional public statements, Azul and her grandmother held hands while Candace wrapped her arm around Bresse.

Reflecting on the sentence, Candace took issue with Gower using the legacy of residential schools as one of the mitigating factors in the sentence.

Murphy did not have the right to take Evangeline’s life because of that, she said.

“That’s just what I feel,” she said. “I just miss (Evangeline).”

For his part, Fairclough stressed whatever sentence was handed down could do nothing to bring back Evangeline.

“There’s no amount of justice that can cover what took place,” he said.

Gower made the same acknowledgement in handing down the sentence. No matter how long or short the sentence, it will not bring back Evangeline, he said.

“My heart goes out to the family,” he said.

Gower began the sentencing by noting that normally, he would reserve his decision, taking more time to gather his thoughts before handing it down.

Given that so many people had travelled into Whitehorse to attend the proceedings, wanting a decision as soon as possible, he opted to give it following a recess after the sentencing submissions.

Since the circumstances of the case had been read into the record earlier (see story below), Gower opted not to outline the details during the sentencing.

Along with pointing to the legacy of residential schools, he said Murphy has responded well to a therapy provided to her in prison.

She has also made progress toward positive changes in her life, completing an aboriginal women’s engagement program and being described as a hard worker by prison staff.

Addressing Murphy directly, Gower encouraged her to stay clean and sober and attend programs that will help her do that.

He highlighted her plans to take part in a residential substance abuse program, stating that if she can get her addictions under control, her future looks bright.

“I wish you all the best in your treatment program,” he said.

Under her probation order, Murphy must:

• keep the peace;

• report to a probation officer;

• reside only where approved, and not change her address without prior approval;

• abstain from drugs and alcohol;

• not attend bars, off-sales outlets nor any business where the sale of alcohol is the primary business;

• keep a curfew of 11 p.m. to 6 a.m. except where prior permission has been granted or if she’s in the presence of a person approved by the courts; and

• attend psychological assessments and counseling as directed.

A DNA order and lifetime firearms prohibition was also ordered.

Comments (4)

Up 29 Down 19

This judge is out to lunch--- I would appeal on Apr 18, 2016 at 10:47 pm

For the sake of everybody involved, can't there be an appeal? Alicia needs to do time for her crime. She got a nice little wrist slap.

I say post her picture on every off sales and bar in the Yukon….no more partying--and arrest anybody who does party with her, as they are helping her to go against her conditions.

No wait, even better….how about we give her a proper sentence so she can get some counseling and have time to reflect on her destruction? About 100 years would be just, as Evangeline's family will think about her every second of every day.

And I think it's pretty telling that: " Gower opted not to outline the details during the sentencing." Of course he didn't. He can't even give the family the decency of explaining his decision and didn't need that much time to let this murdering ghoul go free while her family, her community and all of us who live in the Yukon must fear her existence. Kill once, kill twice, it's all the same if you know there are no consequences.

Up 28 Down 33

jc on Apr 18, 2016 at 6:37 pm

"No matter how long or short the sentence it will not bring back Evangeline" the judge says, so he gives her the short sentence which actually amounted to nothing. It was second degree murder and he should have upheld it and the original sentence of 14 years. Sometime, I wonder how these lawyers sleep at night.

Up 29 Down 153

Roy on Apr 18, 2016 at 5:07 pm

"Reflecting on the sentence, Candace took issue with Gower using the legacy of residential schools as one of the mitigating factors in the sentence.

Murphy did not have the right to take Evangeline’s life because of that, she said."

No, she didn't have that right. But... this is what happens when Residential School is trotted out by FN people as an excuse for everything from children's bad bahaviour all the way up to murder. It gets applied to everything, whether it's relevant or not.

Maybe it's time to rethink using Residential School as an excuse going forward.
Maybe it's time people took responsibility for their own actions instead of blaming their ancestors.

Up 67 Down 5

Concerned Citizen on Apr 18, 2016 at 3:43 pm

RIP Evan.
Ms. Murphy, there is a special place in hell reserved for you. One can only hope you turn your life around as you have been given one heck of a chance for the remainder of your time here.

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