By Patrick Burles - @PatrickBurles on Twitter

Denzel Bird pleads guilty to aggravated sexual assault

Sep 8, 2017 | 2:15 PM

LETHBRIDGE – Guilty pleas have now been officially entered by Denzel Dre Colton Bird, to charges of aggravated sexual assault, as well as break and enter and theft.

The defence had told the court that the pleas were coming during a court appearance on Aug. 31, and followed through on Friday (Sept. 8), with facts of the case also being revealed to the court.

To assist in sentencing, the court has ordered a pre-sentence and Gladue report for Bird, as well as a psychiatric and psychological assessment, which will be conducted at the Forensic Assessment Unit in Calgary.

The Gladue report will take into account Bird’s Aboriginal heritage and how it impacted his upbringing.

Because of the time needed to prepare those, the sentencing hearing was adjourned to Jan. 5, 2018, at which time it’s anticipated the Crown and defence will make their sentencing recommendations.

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The remaining charges of attempted murder, aggravated assault and sexual assault with a weapon remain in place, with the Crown saying they will address them at sentencing.

Facts of the case

Crown prosecutor Erin Olsen, read the facts into the court record, after they were agreed to by Bird and his lawyer, Tonii Roulston.

On Sept. 30, 2016, the 25-year-old victim was walking to work along 6 Avenue South for her shift at 7 a.m., when she passed Bird, who was sitting on a bus stop bench and holding a metal pipe.

Bird got up, approached her from behind and struck her in the back of the head with the pipe, causing her to fall to the ground, where Olsen noted they believe she hit her face. He then dragged her into an alley, removed some of her clothing and sexually assaulted her, acknowledging that he knew she was badly hurt.

He then tried to put the victim into a garbage bin that he tipped on its side, tossed her clothing beside a fence and the pipe into someone’s front yard.

At that point, Bird returned to a garage that he had earlier gained access to and taken the pipe and a jacket from, and went to sleep. Around 7:45 a.m., the homeowner found Bird sleeping in his garage and asked him to leave, noting that Bird left behind a backpack.

At 7:57 a.m. two men on their way to work noticed the woman lying face down in the garbage bin, with one of them saying they heard her cry. Paramedics arrived a short time later, saying the victim was near death (more on her injuries and condition below).

Olsen explained that Bird had been drinking the night before with an acquaintance, but that she asked him to leave when he asked her to shower with him. He left the home around 3 a.m., telling her that he had nowhere to go.

After the attack and being kicked-out of the garage, Bird went to the Lethbridge shelter – where he was noted on video surveillance – and he met with another acquaintance who gave him a new shirt, and they disposed of the jacket he had stolen, which had the victim’s blood on it.

Police tracked Bird to a west side apartment on Oct. 5, taking into custody and seizing a pair of shoes that also had the victim’s blood on them.

During an interview with police, Bird initially denied having anything to do with the attack, before eventually breaking down and admitting what he had done.

He told them that he had a phone and meant to call 911, but that he never did.

“I didn’t know what was going through my mind and I got scared,” he stated during the interview. “I’m so sorry for that poor girl.”

Victim’s injuries and recovery

The victim suffered multiple skull and facial fractures in the attack, along with what Olsen called a “severe traumatic brain injury.” She also sustained numerous cuts, bruises and scrapes and swallowed one of her teeth.

The pressure on her brain forced doctors to put her into a medically induced coma for several weeks, later resulting in pneumonia from her use of a ventilator to breath.

After making significant strides in her recovery, the woman was discharged from the Calgary hospital in January of 2017, however she still has issues with her walking, balance and speech, and has yet to drive or return to work. She also has no memory of the attack.

Bird’s lawyer discusses her client’s remorse

After entering the pleas and setting the matter for sentencing, Roulston spoke to the media outside the courthouse.

“Mr. Bird, even when he was interviewed by the police, had taken responsibility for his actions. We took some opportunity when we came on as counsel, to ensure that the charges could actually be made out, and whether or not there were any charter violations. He instructed us to proceed with the guilty plea,” stated Roulston.

“During his police interviews he was extremely remorseful, he was actually crying throughout the interview when he relayed to the police his actions.”

Roulston also noted that it’s too early to discuss the sentence they will be asking for.

“We’ve ordered a pre-sentence report with a Gladue, which means that they’ll take into account his First Nations heritage and his background and so forth. We’ve also ordered a forensic assessment that will assist in determining his risk of recidivism… The defence will reserve its position until we obtain those reports.”