Photo by Whitehorse Star
A YOUNG LIFE LOST – The sentencing hearing for the youth responsible for the death of Brandy Vittrekwa (above) took place Tuesday.
Photo by Whitehorse Star
A YOUNG LIFE LOST – The sentencing hearing for the youth responsible for the death of Brandy Vittrekwa (above) took place Tuesday.
The 16-year-old youth who pleaded guilty to manslaughter in the death of 17-year-old Brandy Vittrekwa in December 2014 will be sentenced next week.
The 16-year-old youth who pleaded guilty to manslaughter in the death of 17-year-old Brandy Vittrekwa in December 2014 will be sentenced next week.
Crown prosecutor David McWhinnie and defence lawyer David Tarnow spent all day in court Tuesday questioning experts who assessed the youth following his arrest last year.
The Crown has applied to have the Whitehorse teenager sentenced as an adult.
A psychologist, probation officer and longtime justice worker told the court the youth’s best chance for rehabilitation is to have him sentenced as a youth.
Sending him through the adult system would not provide the one-on-one counselling available in the youth justice system. It would also introduce the young teenager to older, high-risk criminals, the court was told by Anne Pleydon, a doctor of psychology.
Pleydon said research shows sentencing youth as adults is not effective and in fact can increase the chance of the youth re-offending.
Territorial court Judge Peter Chisolm said he will deliver his sentence on June 16.
Nothing that would identify the youth can be published because he is a young offender.
McWhinnie told the judge that if he elected to sentence the youth as an adult, a sentence of four to six years would be appropriate, given the circumstances.
An adult sentence minus the year-plus the youth has already been in custody would work out to about the same as the maximum three-year sentence allowed for under the youth justice system, he told the judge.
At a court appearance last February, the Crown and defence lawyers presented an agreed statement of facts. The youth subsequently pleaded guilty to manslaughter, a lesser offence included in the charge of second-degree murder.
Through the entire hearing yesterday, the accused sat quietly and still, but was attentive.
Clad in a suit jacket and dress slacks, he rose at the very end of the day to read a brief statement to the family of the victim, some of whom were in the courtroom, as were some of his family.
“Your honour, I feel horrible for what I did to Brandy’s family, to Brandy, her friends and family and anyone else who were affected by my actions and my actions alone,” the 16-year-old told the court.
“There are no words that could fully express how sorry I am for what I have done.
“I am trying very hard to change my life and make the most of it.”
Evidence before the court indicates the youth had invited Vittrekwa to drink alcohol at a friend’s home in the McIntyre subdivision.
She had laughed off a couple of a attempts by the younger youth to kiss her during the evening.
Both were drunk when they left the residence together that December night, after the accused offered to accompany her.
She was found dead the next day on a walking trail in the subdivision with blunt force trauma to her face.
Her jaw had been broken. The scene was bloody. The beating has been described in court as horrific.
The psychologist said the youth told her as he walked toward the Alaska Highway after the attack, he wondered if Vittrekwa was dead, he wondered if he had killed her.
She told the court his thoughts as he walked were more a reflection of his extreme intoxication than callousness, having left Vittrekwa unconscious and alone in the cold.
One of the girl’s aunts began reading a victim impact statement to the court Tuesday, though a court worker had to finish as the aunt became overwhelmed with emotion.
Sobbing could be heard in the gallery as the statement was read.
The court heard how Vittrekwa’s mother and father were unable to provide a victim impact statement, as they could not find a way to put their grief and sorrow to paper.
Their inability to provide a statement should speak volumes on its own about the depth of their despair, the Crown prosecutor suggested.
As a young boy of aboriginal ancestry, the accused’s upbringing was troubled, his parents suffering from the intergenerational effects of Indian residential school, the court heard.
The defence lawyer told the court those effects – substance abuse, violence – are very real and run very deep, and were very much a part of the youth’s life growing up.
They played a significant role in the plight facing his client, Tarnow suggested.
He told the court during the year his client has been in custody, he has demonstrated a sincere desire to turn things around and gain more insight to the issues facing him.
“He is remorseful, regretful and ashamed of himself for committing the offence,” Tarnow told the court.
He said with rehabilitation, the youth can begin living a life free of violence.
As all three experts testified, the accused would be much better off in the youth justice system, where there are greater opportunities for counselling and rehabilitation.
A sentence in youth court would open the door to full participation by his family in his rehabilitation, the court heard.
The court was told how the facility for young offenders in Burnaby, B.C., provides housing for families who want to be close so they can provide support. The facility assists in securing employment opportunities for family members.
Tarnow said a three-year sentence to Burnaby would provide for the rehabilitation program recommended by the experts.
It would involve 18 months’ incarceration and counselling followed by 18 months of structured re-intergration back into the community, he said.
Dr. Pleydon told the court that without a proper rehabilitation program, the youth is a high risk to re-offend.
She did not buy a subtle suggestion by the Crown prosecutor that the youth, who had a record of violence as a 14-year-old prior to Vittrekwa’s death, was simply saying and doing what he had to do to stay in the youth justice system; that he’s learned how to play the system.
If the youth was complicated and sophisticated, an adult sentence would be appropriate, but such is not the case with this youth, Pleydon told the court.
Pleydon told the judge when the youth is not stressed or under the influence of drugs and alcohol, his goals to become a positive member of the community are “genuine.”
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Comments (28)
Up 0 Down 0
Morgan on Oct 30, 2016 at 1:18 am
As a previous client, looking for some contact information if possible. So sorry about the loss.
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Sacallison on Jun 12, 2016 at 9:48 pm
For goodness sake, is it so hard to see these people as human? What do you think happens to children who are horribly abused and go on to have their own children? They are crappy parents, who produce crappy humans. If you remove any child from their family, regardless of race, tell them they're garbage, treat them like garbage, guess what your going to get? A big pile of garbage, there is no quick fix for this issue, and pretending like it's trivial and an issue of a select few really doesn't help anyone.
Up 43 Down 1
Yukongirl on Jun 12, 2016 at 9:10 pm
One of the principles of sentencing under the criminal code is to denounce unlawful conduct. The sentence which is being proposed for this young offender whom brutally murdered a First Nation girl who said "No" is not just, nor does it contribute to the maintenance of a just and safe society. First Nation women are over represented as victims of violence and this is an opportunity for the criminal justice system to take a stand and to denounce such violence against First Nation Women.
What happens the next time a First Nation woman turns down an unsolicited sexual advance? Huh, only three years.....
Yes, intergenerational trauma may be a factor of this youngs mans history, however he made a choice that evening, not alcohol or residential school, but him alone to beat this young girl and leave her in the snow to die. He knew what he did was wrong and therefore he must receive a sentence which fits the crime. I am all about second chances, but not so much when you kill someone I don't think three years cuts it ...
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Sacallison on Jun 12, 2016 at 8:58 pm
Residential school garbage? You might want to educate yourself, my friend. It is a reason, but not an excuse for bad behaviour. Let us not forget this boy is a child who was failed miserably by the adults meant to guide him. Think of any " good" teenager you know and then think of how terribly wrong life would have to be for them to commit murder. I have a 16 yr old boy and a much younger girl and my father was a residential school surviver. For an outsider to call their issues garbage is really offensive. Is it an excuse for bad behaviour? Of course not! To characterize a 16 yr old child (again anyone with teenagers knows they are essentially large children) as a hardened criminal, a thinking person should wonder how did he get that way at such a young age? His mother and father should bear some of the responsibility for his crime.
Up 40 Down 4
andy odel on Jun 12, 2016 at 9:36 am
Of course he is "remorseful regretful and ashamed". All this garbage comes out in court but what happened at the time? Where was the remorse regret and shame when he was beating this poor girl to death? He shows the remorse etc. for the court. You can bet that within he is just thinking "maybe this way I can get out early and do it again. I'm sorry but people like this can not be rehabilitated. He needs to be locked up in a loonie bin for life. Who's daughter will be next for a degenerate like this. Also haven't we had enough of this "residential school" garbage? Its turning out to be nothing but a crutch.
Up 5 Down 9
Orville on Jun 10, 2016 at 10:59 pm
All of the comments seem pertinent and well thought out except Josie's comment.
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Sacallison on Jun 9, 2016 at 8:11 pm
There is one voice of reason in this long list of silly comments. Lock him up!, throw away the key!! To me those comments make light of a very serious thing. These are two children who were failed by the adults that were meant to guide them.(Anyone with teenagers knows they are essentially large children). Where do you think he learned that that sort of behaviour is ok? Is residential school syndrome real? Of course, BUT, when you have a child, you have a duty to them. Fix yourself, any way you can, you don't get to have issues anymore. It is high time that parenting be taken for the serious job that it is.
Up 23 Down 9
ProScience Greenie on Jun 9, 2016 at 7:32 pm
The only racist here Max Mack is you.
Up 48 Down 8
Dave on Jun 9, 2016 at 7:13 pm
@Max, the only one mentioning race here is you. The rest of us couldn't care if this particular 16 year old waste of skin was green, blue, or bright orange. Normal people who the justice system is supposed be here for don't want anyone who did such a indescribably inhuman act such as this to have lawyers twisting the legal system to come up with the same old tired excuses to try and justify why this particular monster shouldn't be held fully accountable for murdering a young girl in cold blood with his bare hands. I think you'd feel differently on the matter If it was someone you knew that he killed just because he didn't get his way with her. If you have any class at all you should start by apologizing to some of her family members who posted here.
Up 20 Down 87
Max Mack on Jun 9, 2016 at 12:06 pm
As usual, the hang-em-high crowd and the racists are out in full force on this thread.
We cannot bring Brandy back or undo that terrible night. But, there is a tremendous opportunity for justice to be served by helping to turn this young man's life around.
Up 80 Down 8
Gwich'in Hunter on Jun 9, 2016 at 10:03 am
He should be given an adult sentence! Let him see what it's like to go to the big house for murdering this young woman! From what I read he should be sentenced as an adult and be given a more harsh sentence for his crime.
Up 60 Down 4
Marlene Snowshoe on Jun 9, 2016 at 9:59 am
As I sit in my home in Fort McPherson this week I celebrated my 5 year sobriety and then the next day I was hearing this through the news and facebook about my niece. As everyone is angry over this, I am very saddened of how this court system is working. They should have it like in the USA and give the &3&@$% life for all I care. He took my brothers only child from him and his family. If only I had been there to see this kids face. For all I know to me he is an adult preying on young girls who probably never had a girl in this world and had to take my niece and kill her. I hope I will never see his face and hope the hell he stays in BC. I had to deal with my own daughter and she was the one who told me in a harsh voice why is he only getting 3 years. I am hurt. My whole family is hurt by this and not only that it is bringing up hurt for others that have to deal with this with their own loved ones who went through this. He is a free person and as I sit in my home waiting for the Air North plane to fly over my hometown, it is the only memory I have of her last flight home on that month of Dec 2014.
Up 63 Down 10
Get real on Jun 9, 2016 at 8:54 am
Because he is aboriginal and his parents had
trouble with Indian residential school- WTF?
Up 65 Down 8
Yukon nomad on Jun 9, 2016 at 1:27 am
What a bunch of baloney. She is gone and 3 lousy years for murder. Ridiculous to say the least. And to top it off his name is kept a secret so the public and other families cannot even be forewarned for their daughters! CRAP. We as society have full right to know who young offenders are so we the innocent and law abiding can protect ourselves. If the public were allowed to know the identities then maybe the perpertrators would be less likely to commit crimes than like now when they're protected more than us! They should be shunned for what they have done. The excuses for being drunk have to end or they just become another reason to do it some more and "OH, Sorry I was drunk!" What if it were the lawmakers or the lawyers daughter? Time for the system to wakeup!!!
Up 46 Down 12
yukon 56 on Jun 8, 2016 at 10:42 pm
Bring back the noose.
Up 50 Down 7
Rick Blane on Jun 8, 2016 at 10:38 pm
BAH - when did murder become a forgivable offense ?
Permanent isolation on Greenland is more than this piece of garbage deserves.
Up 13 Down 6
Politico on Jun 8, 2016 at 10:16 pm
@ProScience Greenie What an ingenuous statement. Where would you send him, who would take him? Please put some thought into your statements!
Up 65 Down 11
jc on Jun 8, 2016 at 9:33 pm
Can one of these intellectual idiots please explain to us ignorant citizens just what "suffering from intergenerational effects of Indian residential schools" means? I spent 3 years in one, and I don't even know. And how does it effect a third and fourth generation aboriginal. The political correctness in our society is becoming totally ridiculous and its producing idiots for leaders.
Up 37 Down 9
Wow! on Jun 8, 2016 at 7:37 pm
4-6 years "given the circumstances"??? seriously???
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Charles on Jun 8, 2016 at 6:23 pm
Good comments all; a lot of double talk from the defense: first his actions are the fault of his troubled upbringing where substance abuse, violence were part of his life growing up - here we go again with the residential school sob story. Later the Burnaby facility is recommended because families can be close and provide support. Wonder if it would be same family support that is blamed for problems? I get it, the family were at fault, but we will reward them by providing housing and employment. Doubt there is much hope for rehabilitation, however he is sentenced.
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BnR on Jun 8, 2016 at 5:40 pm
Pro science greenie, how about he should be banished from life FROM the Yukon?
As a young adult, I certainly had a few too many at party's, and I've certainly been rebuffed by the fairer sex, but never I'm my darkest thoughts did beating anyone to death ever enter into it. Where does that come from? Beating a lovely young woman like Miss Vittrekwa to death for declining his unwanted advances is the result of a psychopathic mind.
I hope that her family receives the justice they deserve and are able to find peace and closure.
Up 34 Down 10
Yt guy on Jun 8, 2016 at 5:23 pm
Geez, maybe just give the young fella a big hug and call it good. He's a victim too after all.......
Up 129 Down 8
John Doe on Jun 8, 2016 at 4:40 pm
He killed another human being and this story seems to be seeking the sympathy of the public! What about sympathizing with the victim and her family.
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ProScience Greenie on Jun 8, 2016 at 4:39 pm
He should be banished from the Yukon for life.
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Unbelievable on Jun 8, 2016 at 3:54 pm
What a piece of work this person is, he assaulted a worker in the young offender facility (Y. News) then after his release kills this girl in all likelihood because she turned down his sexual advances. And his lawyers have the brass to say he should be sentenced and treated as a juvenile, because his time in the juvenile system obviously worked so well for him the first time, (sarcasm intended). I also can't believe that there are vile, evil people like this unnamed POS walking the streets in my town. And the fact that past experience has shown that inevitably people are going to be on this website sticking up for and defending him is stomach turning as well.
Up 72 Down 10
Josey Wales on Jun 8, 2016 at 3:44 pm
Hmmm..."Youth ‘remorseful, regretful and ashamed’: lawyer "
is he now?
I'd rather him be euthanized, and serve an actual purpose feeding worms and bugs. I'll stay tuned....and certainly comment another time...some more on THIS topic.
Up 101 Down 6
June Jackson on Jun 8, 2016 at 3:42 pm
I don't really understand why the courts are soft on this. It wasn't like the kid was shoplifting. He murdered someone. He did it with his hands, he literally beat her to death.. at any swing of his fist he could have stopped, but he didn't stop until her life was gone... So, what's the lesson here? If you were drunk, but say I'm sorry.. you pretty well get away with murder?
"The court was told how the facility for young offenders in Burnaby, B.C., provides housing for families who want to be close so they can provide support. The facility assists in securing employment opportunities for family members."
When I needed a job, unfortunately I didn't have any family in jail..
Up 129 Down 11
Thomas Brewer on Jun 8, 2016 at 3:09 pm
So tired of blaming "the intergenerational effects of Indian residential school" for poor and criminal behaviour.
Punching a young woman to death is patently wrong, regardless of what you've experienced.