By Patrick Burles - @PatrickBurles on Twitter

Denzel Bird receives 15-year prison sentence

Jun 15, 2018 | 3:09 PM

LETHBRIDGE – A random attack on a 25-year-old Lethbridge woman that shocked our city nearly two years ago, has ended with a 15-year year prison sentence for her attacker.

Denzel Dre Colton Bird was handed the sentence Friday afternoon, June 15, after pleading guilty to a charge of aggravated sexual assault last September.

The Crown had recommended a term of imprisonment of 20-years, while the defence had suggested a prison sentence of up to eight years.

Both the Crown and the defense agreed that he should also receive a 921-day credit for time already spent in custody. Offenders often receive a credit of time-and-a-half for their time in pre-trial custody. Bird actually served 614 days but gets credit for 921.

In delivering his decision, judge Jerry LeGrandeur stated that “the level of violence was extreme,” and that it left the victim “permanently debilitated.” He added that it was aggravating for Bird to sexually assault the victim while she was unconscious, before leaving her in a near-death state.

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He countered that however, by noting Bird’s relative youth as he is still only 21-years-old, the fact that he entered a guilty plea and cooperated with police, and his interest in seeking help for addiction issues. LeGrandeur also said a Gladue report prepared for Bird was mitigating, as it showed that colonialism and the impact it had on Aboriginal people played a part in Bird’s life and his actions.

Bird and the victim’s family react to the sentence

“He’s obviously very upset with the outcome, he was hoping for a sentence under the range of 10 years.” – Jeanine Zahara speaking on behalf of Bird

Following the sentencing, Jeanine Zahara a student at law who appeared for Bird’s lawyer Tonii Roulston, discussed how Bird reacted to the decision.

“He’s obviously very upset with the outcome, he was hoping for a sentence under the range of 10 years,” said Zahara. “He has indicated that he will be appealing his sentencing.”

From the Crown’s perspective, prosecutor Erin Olsen called it a significant sentence for a horrific crime.

“It’s still a significant sentence, he’s a very young man yet and has a long life in front of him,” she explained. “I think this is the kind of sentence that sends a message to the public, but also, as the judge said, allows the potential for him to address some rehabilitation.”

The victim’s step-father, who cannot be named to protect the identity of the victim, also spoke to the media outside the courthouse and addressed how she’s doing now.

“The wounds will never close, but we’ll learn to live with it.” – the victim’s step-father

“I can say she’s still progressing, but she’s going to be dealing with this for the rest of her life. She’s working hard – the kid’s got a heart like a lion, and she’s working hard to be all she can be. And, of course, we’re all behind her.”

He also addressed Bird’s sentence and how the family is feeling about it.

“There’s no sentence, really, in my mind, that would appease such an act,” he stated. “However, we have to be satisfied with what the legal system came up with, and as far as the Canadian justice system goes, justice was served. Hopefully we don’t ever have to see the guy again.

“How do you recover?” he continued. “To quote Willie Nelson, he said, ‘It’s not something you ever get over, it’s just something you get through.’

“The wounds will never close, but we’ll learn to live with it.”

Facts of the case

Through an agreed statement of facts, it was revealed that after the woman walked by Bird on the street on the morning of Sept. 30, 2016, he approached her from behind and struck her in the head with a metal pipe. She fell to the ground, where the Crown believes she hit her face on the pavement. Bird then dragged her into an alley, removed some of her clothing and sexually assaulted her, noting that he knew he had hurt his victim badly. 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.

He then returned to a garage where he had found the pipe earlier and went to sleep, before later being asked to leave by the homeowner.

The victim meanwhile, was found by two men who were on their way to work. Paramedics arrived a short time later, noting that the woman was near death.

Following Bird’s arrest, he initially denied having any involvement in the attack but ultimately broke down and admitted everything to police.

Impact on the victim

In a victim impact statement from the young woman at Bird’s sentencing hearing in April, she told the court that the attack left her with multiple skull fractures and bleeding on the brain, forcing doctors to put her into a medically induced coma for several weeks, during which time they didn’t know if she would survive.

She spent four months in hospital and had to re-learn things like walking and talking. She still suffers from balance and coordination issues, she cannot smell, and has been treated for a sexually transmitted disease that Bird gave her, with ongoing testing for any other diseases that may still arise. She also struggles with her emotions and has significant memory issues, including a gap that covers the attack, and her wedding and honeymoon before that.

Her submissions then concluded with a powerful statement.

“There have been times where I had even wished Bird had finished me off. It was in moments like that I had to remind myself that I have control over what Bird has taken from me.

“I am a survivor.”