Whitehorse Daily Star

Image title

Photo by Photo submitted

Pictured above: DAVID JOHN MALCOLM and DAVID JOHN MALCOLM

RCMP believe man is at high risk of re-offending

Whitehorse RCMP have put out a public notice alerting area residents that a high-risk offender has been released from jail.

By Justine Davidson on August 14, 2009

Whitehorse RCMP have put out a public notice alerting area residents that a high-risk offender has been released from jail.

David John Malcolm served his most recent term for threatening a former girlfriend.

According to evidence given by the girlfriend's sister, Malcolm was hanging around outside the Elk's Lodge when he told the sister he wanted to beat up his ex-girlfriend.

In spite of court orders to the contrary, Malcolm had been drinking that day, the judge heard.

He had come down to the bingo hall to meet his father when he ran into his ex-girlfriend's sister. The court also heard that Malcolm had been contacting the woman via Facebook, although she asked him to stop several times.

At trial, Malcolm denied threatening the woman and claimed he simply said, "Tell your sister I don't care about her."

The judge did not accept Malcolm's description of events and sentenced him to two months in jail.

Several members of Malcolm's family were in the courtroom when he was tried and sentenced for his latest crime.

When the 28-year-old Kwanlin Dun First Nation man became visibly upset while on the stand, his father motioned for him to stay calm.

The judge noted this and said that although it is normally considered inappropriate for a testifying witness to communicate with people in the gallery, in Malcolm's case, it probably helped the process more than hindered it.

Although Malcolm has not been professionally assessed for Fetal Alcohol Spectrum Disorder, all of the physicians and psychologists who have worked with him during his multiple stays behind bars have said they believe he suffers from an extreme form of the disorder.

He has little to no impulse control, they report, and needs constant support and supervision.

In spite of these expert opinions, Malcolm continues to be released on the expectation his family will watch over him.

All the reports on FASD produced in the Yukon have said most families do not have the emotional or financial resources to care for someone with severe FASD.

Malcolm first came into the public eye when he was found guilty of molesting a young girl, and threatening to set the house they were in on fire if she called for help.

He has been classified as a pedophile and a high-risk to reoffend.

Comments (5)

Up 9 Down 3

Unsettled on Feb 9, 2015 at 12:25 pm

Hi there "retired" everything you say is so true, however in the absense of a supported living program for him we cannot stand by and continue to allow him access to the child of his now girlfriend, as sad as it is there isn't a care environment for him we cannot fail the other children he WILL eventually sexually interfere with, as he has proven he is not able to stay away from kids and there are mothers out there that do not have the wherewithal to protect their own children

For your consideration .

Up 22 Down 7

retired child worker on Feb 8, 2015 at 8:20 pm

Johnny spent his childhood and teen years until aging out, in an arms length group home in Whitehorse! Under our supervision, care, and daily routine, his life was ordered and full of positive direction. He was with assigned workers and a key worker. I was a key worker for a period of time for him. Because of court orders etc, the social life of these boys revolved around adult workers and minimal contact with the general public. Although never formally diagnosed as FASD, he certainly presented with many of the disorders associated. In those days, Johnny loved to play his guitar and he wrote some deeply emotional poetry and when skills we taught him were used....he could sometimes lift the needle on the record that kept skipping in his head and move into a better space...or we could help him! He was allowed the extra year of 19 at age out because of his life situation. There were no adult rooms available in care when the time came.... And he was set up alone in a seedy apartment in a rough area. We knew within hours it would be invaded by others and that he would let them in and do whatever they told him to do! We were devastated by an inadequate system that did not see the vulnerability of this boy! I attended his graduation with him and still have such memories in my heart. Over the years I have heard bits and the memory of saying goodbye haunts me! Seeing this picture and the article breaks my heart. His safety and vulnerability have not yet been understood by those who could have helped him! I'm old and retired and keeping quiet and not making waves no longer means much to me! The truth is all that matters! Johnny is and always was the victim here! Don't try to make it look like anything else. Thank goodness his Dad was in court and able to coach him with one of those "needle lifting" skills to calm his mind and change behavior. I still pray someone will see this and find him a protected environment where he'd be assisted in daily living....he can work...he could be productive and have some peace and safety! God speed it's not too late!

Up 4 Down 5

ccolby on Feb 8, 2015 at 6:28 pm

Leef promised to have a FASD facilitity built and more, then said there was not enough time before the next election. So again no facility for diagnosing or housing ppl living w FASD....

Up 33 Down 4

W worker on Aug 17, 2009 at 5:00 am

Although the article points out that families do not often have the time or resources to properly provide the structure and supervision needed for people with FASD, the author did not mention that there is no facility in the territory that can provide this type of structure and supervision. Many people with FASD excel when living in a structured environment, yet there is no such facility offered by the Yukon government. I am curious about how much money would be saved by keeping people out of jail, out of the hospital and out of the justice system if there were more resources for people with FASD. By not providing the appropriate resources for people with FASD, I believe that the government is acting unethically and perpetuating safety concerns in the territory.

Up 10 Down 13

mosi on Aug 15, 2009 at 4:11 pm

Dont worry. He is always WELCOME in a Church group that uses the name of the Aurora Boralias. THEY HOST everyone (or thing) until they reoffend. Praise God?

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.