Itѻýs 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 fatherѻýs 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 thatѻýs adding more fuel to the fire for the families.
Descoteauѻýs mom Brenda Smith and aunt Kristina Tkackuk, along with Janelleѻýs 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 wonѻýt be to the extent they originally intended.
ѻýWe all got our redacted copies of what weѻýre allowed to say,ѻý noted Tkachuk.
ѻýItѻýs disheartening,ѻý said Guyatt. ѻýYouѻýre not really able to say what you truly feel. Itѻýs got to be sugar-coated.ѻý
ѻýWe feel like weѻýre suppressed every time we turn around,ѻý added Tkachuk.
Thereѻýs 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. Theyѻýve been told itѻýs 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.
ѻýThey discuss whatѻýs gone on with him while heѻýs been there,ѻý 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.
ѻýSeriously, he will be out by next year if he shows empathy,ѻý 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.
ѻýWe asked for an appeal,ѻý said Smith. ѻýThey had the regional Crown review and there wonѻýt be an appeal.ѻý
The determination not to appeal was made by deputy regional Crown Counsel Joel Gold, but the families donѻýt feel his review of the case was adequate.
ѻýWe still want an appeal,ѻý Smith reiterated.
She feels a second set of eyes needs to look more closely at all the facts.
ѻýWe need petitions,ѻý said Smith. ѻýHe 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. Weѻýre fearful for all the Chemainus community.ѻý
Smith wonders all the time about what life would have been like if Derek hadnѻýt been taken away.
ѻýI thought Iѻýd be having little Derek babies running around,ѻý she said.
Lifeѻýs been equally hard for the Guyatts. Janelle is now 23, but has been impacted heavily by four surgeries.
ѻýShe lives with a disability,ѻý said her mother Leah. ѻýI think she personally decided enough was enough (surgeries). Sheѻýs a young adult now and I let her be that way.ѻý
The resolve all the family members have shown has made their bond stronger.
ѻýThis is the only good thing thatѻýs come out of this is the group,ѻý said Tkachuk.
The anniversary of Derekѻýs 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 Derekѻýs brother Dustin, who died three years earlier in a car accident,
ѻýItѻýs just so hard,ѻý summed up Smith. ѻýWeѻýre caught up in this anxiety and stress.ѻý
don.bodger@chemainusvalleycourier.ca
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