Victim’s family ‘devastated by her death’
A three-year youth sentence is the verdict for the 16-year-old Whitehorse youth convicted of manslaughter in the death of Brandy Vittrekwa.
By Amy Kenny on June 17, 2016
A three-year youth sentence is the verdict for the 16-year-old Whitehorse youth convicted of manslaughter in the death of Brandy Vittrekwa.
Though it’s the maximum sentence allowed for a youth, it’s one members of Vittrekwa’s family rallied against on Wednesday afternoon, the day before the sentencing.
They appeared outside the Whitehorse courthouse waving “Justice for Brandy” signs. They wanted the youth to be sentenced as an adult, a conviction that carries four to six years of jail time.
In December 2014, the youth invited Vittrekwa to a night of drinking at a friend’s house.
Vittrekwa, 17, had laughed off his attempts to kiss her that night. Both were drunk when they left to walk home together.
The next day, Vittrekwa was found dead on a walking trail in the McIntyre subdivision.
Her jaw had been broken. She had two black eyes. There was blunt force trauma to her face.
On Thursday afternoon, as Judge Peter Chisolm read these details aloud from an agreed statement of facts, the packed courtroom was silent. (The largest one was used in order to accommodate everyone.)
As the judge came to the point about Vittrekwa being found without her red winter coat, shaky breaths and sniffling were audible.
A pathologist ruled the cause of Vittrekwa’s death to be intoxication, exposure, and asphyxia, along with her injuries.
The youth, whose name cannot be published under federal law, admitted to beating her unconscious and leaving her on the trail.
In explaining his sentence, Judge Chisolm was clear that no sentence is meant to assess the value of a human life.
“Brandy Vittrekwa’s family is devastated by her death,” he said.
“Their lives will never be the same, and Miss Vittrekwa’s potential will never be realized.”
Crown prosecutor David McWhinnie had previously presented the option of an adult sentence.
Last week, defence attorney David Tarnow had a number of experts testify to the youth’s progress so far in custody, as well as to the fact that an adult sentence might mean he wouldn’t have access to the kind of programming that could help with rehabilitation.
These reports stated that the youth was at high-risk to re-offend if not properly treated.
They talked about his chaotic upbringing, and suggested that he showed remorse for his actions, an understanding of his responsibility, and a desire to undergo further treatment.
Judge Chisolm pointed out that, in the case of an adult sentence, the youth would have received credit for 1.5 days per day of time already spent in custody, reducing the sentence to 3.5 years.
With youth sentencing, the decision to give full or partial credit is optional.
“I am not, however, allowing any credit,” said Judge Chisolm.
“A lesser sentence wouldn’t be in accordance with the Youth Criminal Justice Act.”
“(This) is, in my view, the best option to address his risk factors,” he said.
Family and friends hugged and cried on the courthouse steps afterwards.
McWhinnie said he wasn’t surprised by the decision.
“I guess I’m getting too old, too jaded, to be surprised,” he said.
Tarnow also said the sentence was what he expected.
“I told the judge it was a very strong case to support a youth sentence,” he said.
“It was somewhat overwhelming. The kid had done so well in custody and the three reports were very strongly supportive of a youth sentence,” Tarnow said.
“My client was only 15 at the time ... the report said he was doing well and salvageable, so I think it was the right decision.”
The youth will have a DNA sample recorded.
He will then serve the next 24 months in custody in a youth facility in either Burnaby, B.C. or Saskatchewan.
He will then spend 12 months under community supervision in Whitehorse.
His progress will be reviewed six months from now, and again before the community supervision period.
Though weapons were not part of the case, Judge Chisolm also placed a seven-year prohibition on the youth possessing firearms, ammunition, or explosive substances.
“His propensity for violence is concerning,” he said.
Judge Chisolm ended by saying any sentence would be insufficient to make up for the loss of such a “vibrant and promising young woman,” but he hoped the sentence would offer some comfort to her family and friends.
Comments (16)
Up 8 Down 2
jc on Jun 20, 2016 at 10:24 pm
"Salvageable"? We'll see!
Up 27 Down 5
paul heynen on Jun 20, 2016 at 6:21 pm
What bothers me is what's preventing some young person if they hate you from killing you as a person, pretending to show remorse, promise to take counseling, desire to go back to school and get 3 years or less. If you really hate someone and you can destroy them and their family and get only 3 years. Some people would say that would be worth it.
What did that girl get that stabbed her step dad to death 27 times who did nothing to harm her she just thought he was lazy and didn't like him. She got no time, just promised to get treatment and go back to school.
What did Mr.Ward get for killing his girlfriend and putting her under his water bed for 6 months. Less then 2 years.
Same crime in the US they would be fighting the death penalty.
Up 38 Down 3
Joey Manvilly on Jun 20, 2016 at 1:34 pm
This is a travesty of justice
If you take a life senselessly you don't deserve to enjoy yours. No matter what age you are.
The Justice System seems all about the rehabilitation of young offenders when it should consider the seriousness of some crimes. Young offenders often become old offenders who destroy many lives through their careless actions.
Up 42 Down 3
Willard on Jun 19, 2016 at 9:45 pm
This is a travesty of justice If you take a life senselessly you don't yours deserve yours. (No matter what age you are. Murder is not the act of a juvenile, it's the act of a psychopath.) He would have gotten more if he had raped her instead of just murdering her. Keep up the good work 'Justice System' you only serve yourself.
Up 30 Down 4
M.sydney on Jun 18, 2016 at 9:27 pm
There actually isn't a youth jail in Whitehorse. The facility they have is exactly that, a facility. It is run by YG Health and Social Services, not the Department of Justice. It is not a correctional facility as many are led to believe. In fact, if the Star was to do a story on how many youths walk out the front door or run away from the youth worker while out in town, people would be shocked and dismayed.
Up 36 Down 4
north_of_60 on Jun 18, 2016 at 3:44 pm
Brandy and her family did not receive justice in the Yukon.
... but there sure were lots of excuses, as usual.
Nothing will change until the racist just-us system stops mollycoddling violent youth and makes the punishment fit the crimes.
What would the traditional aboriginal culture do with someone who beats a young woman to death with their fists and leaves her to die in the snow?
Seriously, what would they do? This is not a rhetorical question.
Up 33 Down 7
June Jackson on Jun 18, 2016 at 2:13 pm
I am afraid Josey is correct.. the vast majority of us obey the laws, go to work every day, raise our families, pay our taxes.. and depend upon the law and courts to protect us and dispense justice. That is not happening.. and hasn't happened for a long time now..Those same law abiding tax payers are looking at the Brandy Vittrekwa case and asking themselves.. what if that was my daughter? Too many B and Es that the RCMP don't care about...the police and the courts have failed us. Failed to protect us, failed to speak for victims. Brandy's family protested, the general public mostly outraged to what end?
Justice, or lack of, is creating a scenario where we will all have to defend ourselves, our vehicles, our belongings.. because criminals are running wild here right now and the law is not stopping them.
Up 44 Down 2
always a yukoner on Jun 18, 2016 at 11:57 am
That's an insult to the family and friends of Brandy. Their lives have changed forever, world of hurt! These people who gets just a slap on the wrist for causing so much heartache to so many people is disgusting!! Shameful!! Live with what you've done, it'll be with you forever, should be locked up for life or have the same as what Brandy got!!
Rest in peace Angel Brandy.
Up 44 Down 4
Just Sayin' on Jun 18, 2016 at 9:58 am
This is the new reality. When we take into account one's past to justify their current actions, this is the result.
Up 42 Down 5
Mark on Jun 18, 2016 at 9:23 am
WTF is wrong with this picture!!?? Here we have supposed justice for a disgusting crime and we are all suppose to say Ah! that all is well now, the kid will not do it again and he will be healed by the Canadian justice system.......the Canadian justice system is FBS!! This kid needs to be in jail for 25 years. Another more messed up kid could take this as a license to......and they'll only get 3 years. max!!
Up 46 Down 5
June Jackson on Jun 17, 2016 at 7:58 pm
I don't think anyone really expects justice for victims in the Yukon. Rest with the angels Brandy. I hope Karma delivers justice for you.
Up 31 Down 4
Josey Wales on Jun 17, 2016 at 7:38 pm
If that is the most harsh sentence he a Y.O. Can get?
The message I get and have known a looooooonnnng time folks?
We truly are on our own here, the courts DO NOT VALUE LIFE....
Unless you're the one who extinguished It via violence.
Remember when folks would get time like that for stealing TV's?
They must just now fine rapists if killers get this?
I guess if/when accosted by wee brats, one must hit 3-5 times HARDER if they get that kinda break.
I wonder how much community support Ol' Josey will get upon my meddling in some scumbags plan to predate our fellow citizens..as I absolutely will.
Heed that scumbags....freely expressing myself as I just did.
What a shameful but completely predictable outcome, my heart aches for her family.
As a result of "being on our own out here" folks....as per act accordingly.
Preserving your/others life is your right, calling cops is quite secondary.
Please never forget that.
Up 43 Down 3
Krista on Jun 17, 2016 at 6:53 pm
Shame on the courts...
There will be another victim....and the courts just approved it.
Keep him out of Whitehorse.
Condolences to Brandys family.
Up 22 Down 4
Swed on Jun 17, 2016 at 5:40 pm
Why are they sending him to a youth jail down south is there not an youth jail in Whitehorse?
Up 44 Down 7
Mark on Jun 17, 2016 at 5:08 pm
Who gives a rats ass what childhood he had. He has a target on him now I bet. Typical of Yukon Justice and bleeding heart defense lawyers.
Up 91 Down 7
Ugh on Jun 17, 2016 at 3:58 pm
He deserves the same beating he did to brandy, I hope he never returns to Whitehorse.