Sentencing arguments made in Denzel Bird case

Crown prosecutor Erin Olsen made her submissions first, telling the court that Bird showed a high degree of awareness of what he was doing on the day in question, as he admitted that he considered calling for medical help for the woman, before opting to leave the scene. She added that it was also aggravating that he sexually assaulted the woman while she was unconscious and at her most vulnerable.

Olsen went on to acknowledge that Bird’s guilty plea was a mitigating factor but pointed out that he did so “in the face of overwhelming evidence” against him.

“Mr. Bird is identified as moderate to high-risk to reoffend,” Olsen continued, referring to one of the pre-sentence reports that also noted Bird’s risk level increased with alcohol consumption. “He presents as a very dangerous young man.”

Olsen added that had the matter gone to trial, they likely would have been looking for an even higher sentence, stating that the maximum punishment for such a crime is life in prison.

Moving into the defence submissions, Bird’s lawyer, Tonii Roulston, stressed to the court that her client showed sincere remorse and had an insight into what he had done and how it impacted his victim, demonstrating an ability to be rehabilitated.

“Mr. Bird is not minimizing these events,” Roulston said to the court, adding that a 20-year sentence should be reserved for someone who didn’t recognize a wrong-doing.

In going over a Gladue report prepared for Bird – which assess an offender’s Aboriginal heritage and how it may have played a part in their actions – Roulston said Bird’s mother and grandmother had substance abuse issues, it appeared he was abused while living with another family member, he has never met his father, shows symptoms of FASD, and has substance abuse issues of his own – none of which he has ever received any treatment or counselling for.

“We don’t know how he’s going to be when he does get counselling,” said Roulston. She explained that the risk assessment should wait until after he has received counselling.

To that end, Roulston said she would be asking that Bird serve his sentence at the Bowden Institution, which has a sexual offender program.

Bird was also given a chance to address the court, in which he made a tear-filled statement.

“Since I’ve been in custody, I’ve been trying to be a good person. I’ve reached out to God,” he said. “I don’t know if the right word is sorry or not, but I do pray each and every night for forgiveness.”

Noting the significant gap between the two sentencing recommendations, Judge Jerry LeGrandeur adjourned the case to April 20, at which time a new date would be selected for him to deliver his decision.

Victim impact statements

“My wife and the person she was died that day… She has come back as someone else.” – The victim’s husband

“Now I have scars that remind me of how strong I have become… I’m more alive than ever. He hasn’t taken away my will to live, he hasn’t broken my spirit.”

That was part of the powerful victim impact statement of the young woman that Bird attacked. It was read out by her cousin via CCTV from another room in the courthouse, as most of the family wanted to avoid being in the courtroom with Bird.

In the statement, 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 one 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.

“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,” the statement concluded.

After hearing from a number of family members, a statement from the woman’s husband was then delivered to the court.

“It’s been nearly a year and a half, and I’m still waiting, hoping and praying for her to come back. My wife and the person she was died that day,” the statement read. “She has come back as someone else.”

He explained that after being initially told his new wife may not survive, he has now been forced to take on a parental role, as she requires constant assistance and support. He added that he had to quit his job, suffers from constant fear and anxiety, and when coupled with the changes in her personality, their marriage has been severely strained – possibly to a point where it can never fully recover.

He said he’s haunted by visions of the attack, as his imagination sometimes takes hold. He then asked everyone in the courtroom to turn and look at Bird, and then imagine him brutalizing one of their loved ones.

“One day Bird will be back out there, and I honestly don’t know how to deal with that fact.”

by Patrick Burles - @PatrickBurles on Twitter

Sentencing arguments made in Denzel Bird case

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