It took just nine minutes to destroy the life John Smith spent decades building.
He was walking his daughter to school April 1, 2016, with her backpack slung over his shoulder.
含羞草研究社淲e had literally just stopped holding hands after crossing the road and he got us,含羞草研究社� said Smith, who asked to use a pseudonym for this article, due to ongoing fears of his assailant.
Using the backpack, a man who has since been identified by the courts as Marc Andrew Fines, pulled Smith toward him and repeatedly punched him in the back of his head. Smith turned around at some point and incurred countless more shots to his face.
Eventually he was overcome by the weight of the attack and fell to the ground where the beating continued.
含羞草研究社淚 don含羞草研究社檛 remember any of it, but I know what I含羞草研究社檝e been told,含羞草研究社� he said.
含羞草研究社淢y daughter watched the whole thing含羞草研究社� it was about nine minutes. They call it an attack on me, but I call it an attack on her. She was put in a position where she was helpless.含羞草研究社�
As Smith was pummelled, his 8-year-old daughter stood silently in the middle of the street, fearing the attack would worsen or turn toward her if she said anything.
She wanted someone to stop and help, and eventually they did.
Some ladies came out of the Ellis Street Bliss Bakery and tried to chase him down.
Fines got into a grey Ford sedan, and tried to run them all down.
Mounties got wind of the attack and started to look for Fines. A Mountie who had been at the Queensway bus loop drove toward him and Fines allegedly rammed into his cruiser, accelerating before impact.
According to a press release from Cpl. Jesse O含羞草研究社橠onaghey the day of the attack, Fines then allegedly advanced on the stunned police officer from the open driver含羞草研究社檚 side window of his cruiser.
含羞草研究社淣earby construction workers were quick to jump into action to assist the police officer,含羞草研究社� said O含羞草研究社橠onaghey. 含羞草研究社淭hey aided the officer in controlling the suspect who was subsequently taken into police custody.含羞草研究社�
The story made headlines across the city, largely for the violence against the Mountie and related heroics from nearby construction workers. What was lost in the police rendering was how significantly injured Smith was, and what it really means to survive a life-altering assault.
含羞草研究社淭hey made what happened to me sound like two kids fighting over a toy,含羞草研究社� said Smith, referring to police continually referring to his attack as a backpack theft.
含羞草研究社�(From the attack) I lost my memories of my daughter as a baby and lost my memory of my dad and family. So now that I have a brain injury and mental illness where does that put me if he got off? I am happy one day and depressed the next. I just want my life back.含羞草研究社�
含羞草研究社淎NYWHERE ANYTIME含羞草研究社卟菅芯可鐫
Mark Fines was found not criminally responsible for his violent rampage through Kelowna.
The Criminal Code explains that while he did commit the acts he was accused of, it was 含羞草研究社渨hile suffering from a mental disorder that rendered him incapable of appreciating the nature or quality of the act or of knowing that it was wrong.含羞草研究社�
Next Tuesday the matter will be before a three-person panel from the B.C. Review Board at the Forensic Psychiatric Hospital in Coquitlam, where Fines is being held.
Meanwhile, Smith just finished the victim impact statement that will be read at that hearing and it含羞草研究社檚 caused him to look at his life more closely. For one thing, he doesn含羞草研究社檛 like being called a victim, but given his helplessness in the situation the title fits.
Not long after the incident, Smith was asked to speak at an event about victims of violence. He told his story, and someone in the audience said he should be ashamed for taking his daughter out downtown so late in the evening.
When he told her the attack they suffered was at 8 a.m., in a neighbourhood surrounded by high-end condos the crowd went silent.
含羞草研究社満卟菅芯可鐦Anywhere, anytime, anyplace, anyone 含羞草研究社� that含羞草研究社檚 basically how I look at attacks now,含羞草研究社� he said.
含羞草研究社淚t含羞草研究社檚 now an odd thing. I notice (potential safety threats) all the time. I saw a lady while I was walking downtown the other day and she was leaning into her car with her back facing the street and I thought, 含羞草研究社榶ou know, what an easy target.含羞草研究社櫤卟菅芯可鐫
In addition to continually identifying where problems could arise, he doesn含羞草研究社檛 enjoy walking around his neighbourhood. That, however, is just the tip of the iceberg.
INVISIBLE DAMAGE
Smith doesn含羞草研究社檛 bear the physical scars of his attack, and is pleasant to speak with. There are no strange tics or behaviours that send up red flags.
But that doesn含羞草研究社檛 mean he含羞草研究社檚 OK. In fact, surface level normalcy is almost a disadvantage.
含羞草研究社淚 cry a lot. I get emotional easy,含羞草研究社� he said, explaining that he含羞草研究社檚 overwhelmed by the volume of tasks his brain has to sort through to do the simplest of things, like making coffee.
In the time since his injury he含羞草研究社檚 created plans that allow him to function, but if something goes awry it含羞草研究社檚 hard to recover.
Not long ago, as an example, he needed to get gas. The station he usually uses was too far away so he had to go elsewhere.
There the digital screen on the pump didn含羞草研究社檛 allow gas to flow until he answered whether he wanted a car wash, and he couldn含羞草研究社檛 process how to move forward.
As he felt the pressure mount he went into a car and Googled what to do on his smart phone, rather than speaking to the teenager in the store who would likely have been confounded by the simplicity of the questions.
It would have frustrated them both. This is why Smith actually has sympathy for his attacker.
含羞草研究社淚 can see why people who have brain injuries get tasered,含羞草研究社� he said. 含羞草研究社淵ou get used to independence, and as an adult you should be able to do certain things. It含羞草研究社檚 frustrating when you can含羞草研究社檛 do it and when people try to help it含羞草研究社檚 even more frustrating.含羞草研究社�
AFTER THE HEADLINES
含羞草研究社淧eople have often asked me why I含羞草研究社檓 not angry at the guy who did this,含羞草研究社� Smith said.
含羞草研究社淚 mean, there is some anger there, but I含羞草研究社檓 not mad at him. I含羞草研究社檓 more mad at the system.含羞草研究社�
For people dealing with invisible barriers like brain injuries or mental health problems, it含羞草研究社檚 hard to find the right kind of help.
He has a counsellor funded through victim services limited, but there含羞草研究社檚 been little to help with the life expenses that have piled up since the incident.
He didn含羞草研究社檛 have a job at the time, so he can含羞草研究社檛 get any wage loss supplement. Also, it will take a couple of years before it含羞草研究社檚 clear whether his brain injury is permanent, so he can含羞草研究社檛 get any assistance from that. He could get social assistance, but then he含羞草研究社檇 lose his rental assistance. While he treads water, he含羞草研究社檚 having a hard time finding a path forward.
含羞草研究社淭he attitude of service providers is, 含羞草研究社榠f you don含羞草研究社檛 come to us we含羞草研究社檙e not coming to you,含羞草研究社櫤卟菅芯可鐫 he said.
Trouble is, he doesn含羞草研究社檛 know where to go because he含羞草研究社檚 starting life anew.
含羞草研究社淧eople think, 含羞草研究社榦h, he looks normal,含羞草研究社� so I must be high-functioning,含羞草研究社� he said. 含羞草研究社淭he less normal I look the more help I含羞草研究社檇 get, but then you get treated like that and I含羞草研究社檓 never going to get any help in that way.含羞草研究社�
Someone once told him he含羞草研究社檇 be better off if he含羞草研究社檇 committed a crime. Then the system would wrap around him. The shortcomings of the system are why he含羞草研究社檚 sharing his story.
STARTLING STATISTICS
Roughly 80 per cent of Canadian prison inmates have sustained a brain injury, said Marcie McLeod, director of client services, for BrainTrust Canada, in Kelowna.
It含羞草研究社檚 no coincidence, she explained. Once a person suffers a brain injury they have to deal with everything from a change in personality to memory impairments, which can cause more problems.
含羞草研究社淏ut the biggest one is impaired judgment and inability to control impulsivity,含羞草研究社� said McLeod.
含羞草研究社淲e含羞草研究社檝e had clients who are in a store, who think, 含羞草研究社業 want some cheese含羞草研究社� and they don含羞草研究社檛 think of the consequences of taking the cheese.含羞草研究社�
In some cases people are quick to anger or don含羞草研究社檛 have good control or emotional management, and that causes even more side effects, like turning to drugs and alcohol, and the downward spiral can continue from there.
含羞草研究社淲e talk about brain injury being an invisible disability,含羞草研究社� she said. 含羞草研究社淣obody can see you are struggling in your brain. All of our clients say, 含羞草研究社榠f you go in with a wheelchair, they would know what your disability is or what your challenges are.含羞草研究社櫤卟菅芯可鐫
Trying to explain how your cognitive deficits play out含羞草研究社攖hat含羞草研究社檚 an invisible problem.
For their part, BrainTrust just tries to support clients as they navigate a new world.
含羞草研究社淓ven if it含羞草研究社檚 just a personality change, people maybe don含羞草研究社檛 have the patience to deal with other agencies or maybe feeling overwhelmed or over-stimulated by dealing with that many service agencies,含羞草研究社� she said.
While Smith tries to navigate his world, his family is doing what they can to help him get the financial support he needs. They recently started a GoFundMe titled where they further describe the challenges ahead of them.
