Mike on Crime

By Mike McIntyre
Winnipeg Free Press

A 19-year-old mentally troubled man who killed, raped and defiled his 79-year-old grandmother is ready for early release into the community, according to justice officials working closely with him.

The man — who can’t be named because he was 14 at the time of the unprovoked June 2004 attack in Waverley Heights — pleaded guilty to first-degree murder in December 2005. He was given the maximum youth sentence of six years behind bars followed by four years of community supervision.

He was back in court Wednesday, asking a judge to order that the remaining two years of custody be changed from closed to open — meaning he would be granted unescorted leaves that could last for weeks or months at a time. The Crown is fighting the move, saying there is evidence he still harbours the same kind of sadistic rape and homicide fantasies that fuelled the killing. They say he should remain locked up until his December 2011 release date.

“The last time he was unsupervised, he killed someone and committed violent sexual acts after she was dead,” prosecutor Brent Davidson told court.

Davidson said the man was recently caught hiding explicit pornography in his cell at the Agassiz Youth Centre, which he secretly downloaded while taking online educational courses at the Manitoba Youth Centre.

He has also been warned repeatedly about masturbating in full view of female staff members and has discussed revenge rape attacks against several women he believes have wronged him.

Davidson also noted the public can’t be properly warned about the man’s return to the community because the Youth Criminal Justice Act prevents publication of his name.

Defence lawyer Alan Libman called several members of his client’s treatment team who are unanimously recommending an early release.

“I think he’s learned a great deal about managing his risks. Have they disappeared? No,” said Elana Sokolou, the man’s probation officer. “He’s not just going through the motions (in jail). He’s actually going beyond expectations.”

Brenda Ellerby, an expert in forensic behaviour, has been working with the man since his arrest. She said he has a better understanding of “why he committed such a violent, horrible act.”

“He has done a lot of work on himself, he has a lot of insight into what the motivating factor was for the crime. He thought to kill someone he’d feel powerful. He had never had sex with a female before so he thought ‘why not,’” Ellerby said. She said he has refused any psychiatric help and is not taking any medication.

Davidson asked whether the man still thinks about killing.

“Not to my knowledge. Then again, I’m not able to read his mind,” said Ellerby.

The elderly victim, who can’t be named, was found dead inside her home four days after she was last seen. Her daughter made the grisly discovery. The woman had been smothered after a fierce struggle and her body was stuffed in a closet.

The young killer was hiding behind a bed inside the home, which was in disarray. Police were called and the boy was arrested.

He had spent four days alone with the body inside the home, eating the victim’s food, watching movies and playing video games.

He gave a complete confession, claiming his grandma had said something that angered him.

The Crown agreed not to seek an adult sentence against the teen in exchange for his guilty plea to the most serious offence in the Criminal Code. As an adult, he would have faced life in prison, with parole eligibility after five to seven years.

The hearing has been adjourned until Jan. 12.