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Moms say 㽶Ƶֱsugar-coated㽶Ƶֱ 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㽶Ƶֱs aunt, left, and Derek㽶Ƶֱs mom Brenda Smith have victim impact statements prepared that they㽶Ƶֱre hoping will be read during Colin John㽶Ƶֱs review board hearing. (Photo by Don Bodger)

It㽶Ƶֱs 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㽶Ƶֱs 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㽶Ƶֱs adding more fuel to the fire for the families.

Descoteau㽶Ƶֱs mom Brenda Smith and aunt Kristina Tkackuk, along with Janelle㽶Ƶֱs 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㽶Ƶֱt be to the extent they originally intended.

㽶ƵֱWe all got our redacted copies of what we㽶Ƶֱre allowed to say,㽶Ƶֱ noted Tkachuk.

㽶ƵֱIt㽶Ƶֱs disheartening,㽶Ƶֱ said Guyatt. 㽶ƵֱYou㽶Ƶֱre not really able to say what you truly feel. It㽶Ƶֱs got to be sugar-coated.㽶Ƶֱ

㽶ƵֱWe feel like we㽶Ƶֱre suppressed every time we turn around,㽶Ƶֱ added Tkachuk.

There㽶Ƶֱs 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㽶Ƶֱve been told it㽶Ƶֱs 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.

㽶ƵֱThey discuss what㽶Ƶֱs gone on with him while he㽶Ƶֱs been there,㽶Ƶֱ 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.

㽶ƵֱSeriously, he will be out by next year if he shows empathy,㽶Ƶֱ 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.

㽶ƵֱWe asked for an appeal,㽶Ƶֱ said Smith. 㽶ƵֱThey had the regional Crown review and there won㽶Ƶֱt be an appeal.㽶Ƶֱ

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

㽶ƵֱWe still want an appeal,㽶Ƶֱ Smith reiterated.

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

㽶ƵֱWe need petitions,㽶Ƶֱ said Smith. 㽶ƵֱHe 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㽶Ƶֱre fearful for all the Chemainus community.㽶Ƶֱ

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

㽶ƵֱI thought I㽶Ƶֱd be having little Derek babies running around,㽶Ƶֱ she said.

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

㽶ƵֱShe lives with a disability,㽶Ƶֱ said her mother Leah. 㽶ƵֱI think she personally decided enough was enough (surgeries). She㽶Ƶֱs a young adult now and I let her be that way.㽶Ƶֱ

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

㽶ƵֱThis is the only good thing that㽶Ƶֱs come out of this is the group,㽶Ƶֱ said Tkachuk.

The anniversary of Derek㽶Ƶֱs 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㽶Ƶֱs brother Dustin, who died three years earlier in a car accident,

㽶ƵֱIt㽶Ƶֱs just so hard,㽶Ƶֱ summed up Smith. 㽶ƵֱWe㽶Ƶֱre caught up in this anxiety and stress.㽶Ƶֱ



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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