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Moms say 91Ƶsugar-coated91Ƶ statements fall short in wake of devastating B.C. knife attack

Families leery as board decides future of man not criminally responsible for stabbing man to death
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Kristina Tkachuk, Derek Descoteau91Ƶs aunt, left, and Derek91Ƶs mom Brenda Smith have victim impact statements prepared that they91Ƶre hoping will be read during Colin John91Ƶs review board hearing. (Photo by Don Bodger)

It91Ƶs been seven years of anguish, frustration and a constant battle for justice for the families of Derek Descoteau and Janelle Guyatt.

On May 20, 2016, Descoteau was stabbed to death while at his father91Ƶs residence in Chemainus. Guyatt, his girlfriend, suffered serious knife wounds but survived. The pair had been eating lunch and watching a movie when a shirtless man appeared holding a knife, then started slashing.

Colin John, found not criminally responsible by reason of mental disorder March 20 after a long court process, has a B.C. Review Board hearing Wednesday that91Ƶs adding more fuel to the fire for the families.

Descoteau91Ƶs mom Brenda Smith and aunt Kristina Tkackuk, along with Janelle91Ƶs mom Leah Guyatt, are making the trip to the Forensic Psychiatric Hospital in Coquitlam where John is housed for the hearing.

The three of them are prepared to read victim impact statements, but it won91Ƶt be to the extent they originally intended.

91ƵWe all got our redacted copies of what we91Ƶre allowed to say,91Ƶ noted Tkachuk.

91ƵIt91Ƶs disheartening,91Ƶ said Guyatt. 91ƵYou91Ƶre not really able to say what you truly feel. It91Ƶs got to be sugar-coated.91Ƶ

91ƵWe feel like we91Ƶre suppressed every time we turn around,91Ƶ added Tkachuk.

There91Ƶs no a guarantee the three will have their say at all, other than the written statements, with John expected to be in attendance to hear it. They91Ƶve been told it91Ƶs only if time permits and the hearing must be concluded at 4 p.m. that day, with no extensions.

There are many other victim impact statements from family and friends. Family members have been told by Crown that all Review Board members are obligated to read them before the hearing.

The Review Board panel will consist of psychiatrists, a community member such as a social worker and lawyers for the Crown and defence.

91ƵThey discuss what91Ƶs gone on with him while he91Ƶs been there,91Ƶ Tkachuk explained.

The Review Board has taken over jurisdiction of the accused and must make a decision within a month, by June 17, with one of three possible outcomes: an absolute discharge; a conditional discharge; or detention in custody in a hospital.

Those plausible outcomes have the families outraged since it means John could still be out within a year even with the third option when his case would be reviewed again.

91ƵSeriously, he will be out by next year if he shows empathy,91Ƶ stated Smith.

This case took what seemed like a dramatic turn in December of 2021 when John pleaded guilty to the second-degree murder of Descoteau and a downgraded charge of aggravated assault against Janelle Guyatt.

A subsequent court appearance led Justice Lisa Warren to order a pre-sentence report and then an application by the defence for a not criminally responsible by reason of mental disorder determination came out of the blue.

That resulted in another series of hearings in 2022 and stretching into March of 2023 when Warren read a lengthy statement in which she agreed the assessment of John left him not criminally responsible for the death of Descoteau.

91ƵWe asked for an appeal,91Ƶ said Smith. 91ƵThey had the regional Crown review and there won91Ƶt be an appeal.91Ƶ

The determination not to appeal was made by deputy regional Crown Counsel Joel Gold, but the families don91Ƶt feel his review of the case was adequate.

91ƵWe still want an appeal,91Ƶ Smith reiterated.

She feels a second set of eyes needs to look more closely at all the facts.

91ƵWe need petitions,91Ƶ said Smith. 91ƵHe is a dangerous person. He could be back living in our little town of Chemainus. We could go over there on Wednesday and he could get partial discharge. We91Ƶre fearful for all the Chemainus community.91Ƶ

Smith wonders all the time about what life would have been like if Derek hadn91Ƶt been taken away.

91ƵI thought I91Ƶd be having little Derek babies running around,91Ƶ she said.

Life91Ƶs been equally hard for the Guyatts. Janelle is now 23, but has been impacted heavily by four surgeries.

91ƵShe lives with a disability,91Ƶ said her mother Leah. 91ƵI think she personally decided enough was enough (surgeries). She91Ƶs a young adult now and I let her be that way.91Ƶ

The resolve all the family members have shown has made their bond stronger.

91ƵThis is the only good thing that91Ƶs come out of this is the group,91Ƶ said Tkachuk.

The anniversary of Derek91Ƶs death will be marked as it is each year with a visit to the DD memorial site on the Pacific Marine Circle Route between Mesachie Lake and Port Renfrew that includes tributes to Derek91Ƶs brother Dustin, who died three years earlier in a car accident,

91ƵIt91Ƶs just so hard,91Ƶ summed up Smith. 91ƵWe91Ƶre caught up in this anxiety and stress.91Ƶ



don.bodger@chemainusvalleycourier.ca

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Kristina Tkachuk, left, and Brenda Smith are continuing their fight to the utmost of their ability, along with many others, in the quest for justice for Derek Descoteau, who was killed seven years ago on May 20, 2016. (Photo by Don Bodger)


Don Bodger

About the Author: Don Bodger

I've been a part of the newspaper industry since 1980 when I began on a part-time basis covering sports for the Ladysmith-Chemainus Chronicle.
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