It鈥檚 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鈥檚 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鈥檚 adding more fuel to the fire for the families.
Descoteau鈥檚 mom Brenda Smith and aunt Kristina Tkackuk, along with Janelle鈥檚 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鈥檛 be to the extent they originally intended.
鈥淲e all got our redacted copies of what we鈥檙e allowed to say,鈥� noted Tkachuk.
鈥淚t鈥檚 disheartening,鈥� said Guyatt. 鈥淵ou鈥檙e not really able to say what you truly feel. It鈥檚 got to be sugar-coated.鈥�
鈥淲e feel like we鈥檙e suppressed every time we turn around,鈥� added Tkachuk.
There鈥檚 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鈥檝e been told it鈥檚 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.
鈥淭hey discuss what鈥檚 gone on with him while he鈥檚 been there,鈥� 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.
鈥淪eriously, he will be out by next year if he shows empathy,鈥� 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.
鈥淲e asked for an appeal,鈥� said Smith. 鈥淭hey had the regional Crown review and there won鈥檛 be an appeal.鈥�
The determination not to appeal was made by deputy regional Crown Counsel Joel Gold, but the families don鈥檛 feel his review of the case was adequate.
鈥淲e still want an appeal,鈥� Smith reiterated.
She feels a second set of eyes needs to look more closely at all the facts.
鈥淲e need petitions,鈥� said Smith. 鈥淗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鈥檙e fearful for all the Chemainus community.鈥�
Smith wonders all the time about what life would have been like if Derek hadn鈥檛 been taken away.
鈥淚 thought I鈥檇 be having little Derek babies running around,鈥� she said.
Life鈥檚 been equally hard for the Guyatts. Janelle is now 23, but has been impacted heavily by four surgeries.
鈥淪he lives with a disability,鈥� said her mother Leah. 鈥淚 think she personally decided enough was enough (surgeries). She鈥檚 a young adult now and I let her be that way.鈥�
The resolve all the family members have shown has made their bond stronger.
鈥淭his is the only good thing that鈥檚 come out of this is the group,鈥� said Tkachuk.
The anniversary of Derek鈥檚 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鈥檚 brother Dustin, who died three years earlier in a car accident,
鈥淚t鈥檚 just so hard,鈥� summed up Smith. 鈥淲e鈥檙e caught up in this anxiety and stress.鈥�
don.bodger@chemainusvalleycourier.ca
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