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Moms say 含羞草研究社榮ugar-coated含羞草研究社 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 Descoteau含羞草研究社檚 aunt, left, and Derek含羞草研究社檚 mom Brenda Smith have victim impact statements prepared that they含羞草研究社檙e hoping will be read during Colin John含羞草研究社檚 review board hearing. (Photo by Don Bodger)

It含羞草研究社檚 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 father含羞草研究社檚 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 that含羞草研究社檚 adding more fuel to the fire for the families.

Descoteau含羞草研究社檚 mom Brenda Smith and aunt Kristina Tkackuk, along with Janelle含羞草研究社檚 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 won含羞草研究社檛 be to the extent they originally intended.

含羞草研究社淲e all got our redacted copies of what we含羞草研究社檙e allowed to say,含羞草研究社 noted Tkachuk.

含羞草研究社淚t含羞草研究社檚 disheartening,含羞草研究社 said Guyatt. 含羞草研究社淵ou含羞草研究社檙e not really able to say what you truly feel. It含羞草研究社檚 got to be sugar-coated.含羞草研究社

含羞草研究社淲e feel like we含羞草研究社檙e suppressed every time we turn around,含羞草研究社 added Tkachuk.

There含羞草研究社檚 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. They含羞草研究社檝e been told it含羞草研究社檚 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.

含羞草研究社淭hey discuss what含羞草研究社檚 gone on with him while he含羞草研究社檚 been there,含羞草研究社 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.

含羞草研究社淪eriously, he will be out by next year if he shows empathy,含羞草研究社 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.

含羞草研究社淲e asked for an appeal,含羞草研究社 said Smith. 含羞草研究社淭hey had the regional Crown review and there won含羞草研究社檛 be an appeal.含羞草研究社

The determination not to appeal was made by deputy regional Crown Counsel Joel Gold, but the families don含羞草研究社檛 feel his review of the case was adequate.

含羞草研究社淲e still want an appeal,含羞草研究社 Smith reiterated.

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

含羞草研究社淲e need petitions,含羞草研究社 said Smith. 含羞草研究社淗e 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. We含羞草研究社檙e fearful for all the Chemainus community.含羞草研究社

Smith wonders all the time about what life would have been like if Derek hadn含羞草研究社檛 been taken away.

含羞草研究社淚 thought I含羞草研究社檇 be having little Derek babies running around,含羞草研究社 she said.

Life含羞草研究社檚 been equally hard for the Guyatts. Janelle is now 23, but has been impacted heavily by four surgeries.

含羞草研究社淪he lives with a disability,含羞草研究社 said her mother Leah. 含羞草研究社淚 think she personally decided enough was enough (surgeries). She含羞草研究社檚 a young adult now and I let her be that way.含羞草研究社

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

含羞草研究社淭his is the only good thing that含羞草研究社檚 come out of this is the group,含羞草研究社 said Tkachuk.

The anniversary of Derek含羞草研究社檚 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 Derek含羞草研究社檚 brother Dustin, who died three years earlier in a car accident,

含羞草研究社淚t含羞草研究社檚 just so hard,含羞草研究社 summed up Smith. 含羞草研究社淲e含羞草研究社檙e caught up in this anxiety and stress.含羞草研究社



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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