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Yukon Supreme Court Justice Ron Veale

Judge to rule on man’s parole eligibility

A 26-year-old Watson Lake man who has pleaded guilty to second-degree murder could be ineligible for parole for 10 years.

By Gord Fortin on August 13, 2018

A 26-year-old Watson Lake man who has pleaded guilty to second-degree murder could be ineligible for parole for 10 years.

Travis Byron Dennis was in court Friday for a sentencing hearing before Yukon Supreme Court Justice Ron Veale.

Crown prosecutor Eric Marcoux and defence lawyers David McWhinnie and Norah Mooney presented a joint submission for parole ineligibility.

Since Dennis pleaded guilty, he will automatically receive a life sentence, 25 years, for 36-year-old Andy Giraudel’s murder in July 2016.

Giraudel’s family appeared in court by video from Watson Lake. Three of the family’s victim impact statements were read to the court.

Veale explained that the hearing’s purpose was to determine how long Dennis will be ineligible for parole.

He said that does not mean Dennis will automatically get parole after this period; it just means he can apply for parole after that period of ineligibility expires.

The justice added that he does not have to accept the joint submission if he feels it would go against public interest and erode trust in the courts.

Marcoux presented the joint submission. He was to appear from Ottawa by video for the entire hearing, but the court experienced technical difficulties which forced him to attend by phone for a portion of the hearing.

Those issues were resolved, and Marcoux finished the hearing by video.

He said the joint submission called for the minimum 10-year parole ineligibility period.

He explained that this was the result of lengthy discussions that involved Giraudel’s family. Dennis’ confession is the main point of the Crown’s case.

Marcoux said the submission considered all of the aggravating and mitigating factors.

He pointed out that the fact that Dennis dismembered Giraudel after killing him could have justified a longer parole ineligibility period, but it was balanced out by mitigating factors. Those included Dennis’ age, his lack of a criminal record and Gladue factors.

Under the submission, Dennis would have to submit a DNA sample to a national database. He would be subject to a 10-year firearm prohibition, pay a $200 victim fine surcharge and forfeit any of Giraudel’s items in his possession.

McWhinnie said regardless of how long Dennis’ parole ineligibility is, he will always be subject to the parole board for the rest of his natural life.

He said his client is having trouble, mainly with the fact that he does not have a good memory of the event. He said Dennis is disturbed by the fact that he has no memory of how Giraudel died nor how he got home that day.

Since he can’t recall what happened, he tried to carry on with his life until some of the remains were found, court was told. This triggered memories, according to the defence.

McWhinnie spoke next of remorse. He said Dennis’ first action was to go directly to the RCMP and turn himself in. He led police to the body.

The defence added that Dennis could only give partial details. Some have been accurate and some were proved false after the autopsy was conducted.

“To this day, he has an incomplete memory,” McWhinnie said.

He said his client is disturbed by dreams, some of which show him details of the murder. He added that his client needs treatment.

The defence agreed that Dennis’ age and lack of a criminal record are mitigating factors. McWhinnie went into the applicable Gladue factors.

He said his client is a young Aboriginal man from a community that has suffered from colonization and residential schools. He said Dennis’ family broke down because of his mother’s experience in residential school, as well as substance abuse.

Dennis never talked about her death, as it affected him greatly.

The defence proposed that in spite of all that, Dennis made it to the age of 22 without a criminal record.

McWhinnie said this complicates things, but should speak well on him and show this was an isolated incident.

This was out of character, McWhinnie added, and the court would not know what kind of offender he is, as there is only one crime to evaluate.

Veale pointed out that Dennis has a history of angry outbursts.

McWhinnie did not disagree, but stated his client does not have a history of violence.

He added that Dennis has taken every course and program available to him while in custody.

He has taken courses that were not required of him, and has completed some more than once. His lawyer said that shows he has taken the initiative to better himself.

“He is doing it,” McWhinnie said.

Dennis has taken first aid and naloxone training, he added. He is proud of his work ethic and has obtained a job while in custody, working as a cleaner in the jail’s gym.

Veale asked about the allegations Dennis made about Giraudel.

Dennis had alleged that Giraudel had sexually assaulted him more than once, causing his deep hatred toward Giraudel. The justice said in the agreed statement of facts, this was an assertion, not a fact.

Marcoux said the sexual assault is an unproven allegation as far as the Crown is concerned. He added that there is nothing to contradict Dennis’ claims, and thus he felt it was appropriate to accept it as an assertion in the agreed statement of facts. He did not feel Dennis needed to testify about the allegations.

McWhinnie said Dennis could be put on the stand to testify about the details of the assault.

The defence said they proceeded as if this can’t be pursued, since the accused is deceased.

He clarified that Dennis brought up these allegations to explain his actions, not to excuse them.

McWhinnie added that Dennis cannot use provocation as a defence because the murder occurred well after the alleged sexual assaults took place.

If he’d killed Giraudel during the act of sexual assault, Dennis could have used provocation.

That being said, McWhinnie explained that the sexual assaults did not lead to the murder.

Dennis claimed that Giraudel had made a comment about his mother’s death, which caused him to lose it.

Dennis was given a chance to speak at the end of the hearing.

He said he had a speech prepared, but there was no perfect speech to express his regret. He said he can’t undo Giraudel’s murder, but he could do what he felt was the next best thing: turning himself in and pleading guilty.

He said he knows he will never receive the forgiveness of Giraudel’s family, but he is sorry.

He added that he is doing what is right for him now: getting help with his issues.

“I did everything possible to make myself a better person, but at the end of the day, I plead guilty of second-degree murder,” Dennis said.

Veale reserved his decision to Aug. 29.

Comments (8)

Up 4 Down 1

Doug Ryder on Aug 16, 2018 at 10:41 pm

First Aid and naloxone training. Not sure if that was for comic relief or not? LOL anyway, just in case. Uh, gee George which way did he go!?!?

This should be on the checklist for every jail. How to save lives rather than take them. Brilliant! Now throw in an I’m A Kind Man program like they have in Alberta and rehabilitate him you’re sure ta...

Throw in a pinky promise for good measure and apologize to him for the trouble that society has caused him.
Saved millions - done.

Up 6 Down 2

Doug Ryder on Aug 15, 2018 at 10:55 pm

@ k mcp - The difficulty lies with the “assertion” of a sexual assault. The question will always remain whether or not Travis was sexually assaulted by the victim.

It is an untested play for public and judicial sympathy. It should not have been allowed into evidence and it should have been tested on the stand.
There is the submission that he is disturbed by dreams.
There is the submission that not just him but the community has been impacted by Gladue factors.
He took his mother’s death hard etc. Absolutely it was sympathy for the perpetrator of homicide against another human being.

This is not the Stars fault however it was what they were given by a Lampoonish criminal justice system...
Whip me, beat me, make me write bad cheques... Quel bruit!

Up 12 Down 2

Doug Ryder on Aug 15, 2018 at 10:41 pm

Justice un-Veale’d

My name’s McWhinnie
And I’m here with the skinny
Another victim takes it on the chinnie
Me and my homey Norah Mooney
Make justice look pretty frickin looney,
Gotta admit, something you might see on a Tele-Toonie,
Boom, boom, chhh...
Boom, boom, chhh...
But I say, nightmare stalking
Psychopath squawking
King of the court that’s my client free walking,
Murder 1 and
Murder 2
Not a problem for the friends of Gladue,
Cause we lawyers got a job to do,
Boom, boom chhh...
Boom, boom chhh...
A Marcou(p) de gras,
Oui, oui, n’est-ce pas?
Justice system under duress
Don’t need no Victim Services BS,
Just drop that emotional mess,
Cause offender’s rights we gotta stress,
Would this happen in the US?
Victims beware, be mindful to have a care,
What’s that rustling in the bushes over there,
Boom, boom chhh...
Boom, boom chhh...
Discount race-based sentencing for some,
Boy oh boy the public must be dumb,
The Court decries you just don’t understand,
The creativity that a restorative justice approach does demand,
Boom, boom chhh...
Boom, boom chhh...

Up 12 Down 3

k mcp on Aug 15, 2018 at 3:58 pm

How is this story taken pity on the murder? I read facts presented in the court to as the defense is trying to get parole eligibility for the least amount of time. Doesn't mean he will get it and doesn't mean the judge will agree. I honestly hope he has to serve a very long sentence for the murder. My condolences to the family of the victim.

Up 22 Down 2

Guncache on Aug 14, 2018 at 7:39 pm

F--k the gladue. He murdered and butchered Giraudel. No one wants to ever see this person in society again.

Up 18 Down 4

Watson Lake resident on Aug 14, 2018 at 4:31 pm

The Whitehorse Star should be ashamed of itself. The article was totally written to get pity for the murderer. When in all reality it should be about the victim. Our little community lost a great man. He was charming, funny, charismatic and gorgeous. He was brutally murdered for NO REASON so to make accusations about him once he is gone is deplorable and to make excuses for the murderer is just plain wrong. RIP Andy we love you and as for you Mr. Dennis you will get what you deserve where you're going... have fun

Up 28 Down 3

Andrea Moskaluk on Aug 14, 2018 at 1:51 pm

Out of the 2 hours we sat through court this is what you come up with? This imbred f**k butchers my brother like an animal and you want me to applaud the fact he's done courses? Give him a prize! the f**ker stayed out of trouble until he was 22- good on him.
How about mentioning how Andy's senior's mother Jeanicia is left alone now with her 1st born only son being killed? Or Andy's nephew will never get to meet him?
No let's glorify Travis Dennis because he's got issues and is trying to fix them. Join the f**king club buddy we all got issues but we don't go knife happy because someone says unkind words to us!
I take comfort in knowing you will serve an eternity in hell for what you've done to my family.

Up 11 Down 3

Mike on Aug 13, 2018 at 5:44 pm

Minimum 2 years in a maximum security that being Kent this guy won't last 6 months. I'll be surprised if he survives RRAC which is only reception unit but definitely not Kent. Like to say I care but I don't.

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