September 08, 2009
Aftermath of a murder; The imprint on one victim’s family
The Daily News (Prince Rupert)
Page: 5
Section: Local News
Byline: George T. Baker
After dancing the night away under such joyous surroundings, Martyn James Hendy and Chritine Roberton decided that they needed a walk, and began making their way down Third Avenue in Gimli. It was well after hours and most of the adults had gone home.
Meanwhile, five teenage men, ranging from 16 to 17-years old, were hanging out on the same Avenue. Manitoba RCMP have not released information on why the five teens were hanging out so late or whether or not they might have been intoxicated.
All that is known is that Hendy and Roberton passed them on their way down the Avenue and that Hendy had laughed.
Of course he would laugh. He was the Kool-Aid Caper mastermind. It was in his nature to laugh. What he was laughing about is unknown. But those in Prince Rupert believe this moment of joy ultimately caused the young men to attack Hendy, feeling provoked for some reason.
What happened to Hendy also happened to Gimli.
“I didn’t expect this in little Gimli, especially during the Icelandic Festival.” said Richard Knechtel who lives in the area, told CTV reporters after it happened.
“You think everyone comes just to have some fun.”
“There’s never been anything like that that’s happened in our 119 years,” said Shelly Narafason of the Icelandic Festival of Manitoba. “Gimli is not a violent town.”
Narafason said she and other festival organizers didn’t believe the death would taint the annual event.
However, the horrifying attack broke the presumed innocence of the festival. New decisions had to be made. And in one swoop, the choice was made to ban alcohol-focused events at the Islendingadagurinn.
“It doesn’t fit in with what we are trying to do,” Robert Arnason, festival President, told CTV on July 31 this year.
“It’s a change that can make a difference in so far as we make sure we have it as safe as possible,” Tammy Axelsson, mayor of Gimli, told CTV on the same day.
What was once considered a safe event was made safer. RCMP stepped up efforts by adding additional officers on foot and bike patrol. No more drinking on Sunday night -the trust had been broken in Gimli.
The trust had also been broken in Prince Rupert.
Spence now questions whether or not she can ever let her kids play outside alone, again.
“How do you trust anymore? I think I am weary. Something so simple, something so easy, so uncomplicated is now gone. That person is gone because of someone else’s choice. I don’t like that choice anymore – I don’t like that choice,” said Spence.
Upon hearing that their son had died, Wood and Bourgeoise immediately got on a plane headed for Winnipeg. The cost of the flight was in the $1,000s, and for two people on a limited income (Bourgoise is retired, Wood was working at the time) the price was no small problem. But they had no choice. It was something that had to be done.
Parents of victims in Canada traveling long distances to see justice prevail are asked to bear the costs alone. That contrasts sharply with other services provided by Victims Services Canada.
If, for example, Hendy’s parents lived outside of Canada then every effort would be made to make sure they were offered the opportunity to witness the trial. If this were a parole hearing, Wood and Bourgoise would be off to Winnipeg.
But this a trial. There are no services for parents living in B.C. to travel to Manitoba to see the young men accused of killing their son stand trial.
That upsets Skeena-Bulkley Valley MP, Nathan Cullen, who said that the federal Conservatives haven’t got the full answer yet on protecting victims.
“This is a real opportunity for [the Conservatives] to come forward,” said Cullen.
Heidi Illingsworth, Executive Director Canadian Resource Centre for Victims of Crime in Ottawa, said this situation comes up often in Canada, because of the size of the nation.
“Obviously people travel around. When something happens when people are far from home, many people find this out as it comes time for a trial that there is no funding to get them there so that they can be part of the process, unless they are called as a witness. The Crown would then be able to pay for some of their expenses but only for that day they actually testify.”
The surreal cloud Hendy’s parents have lived under for the past year isn’t about to blow away, though.
The trial of the five young men involved could begin any week now. That will present challenges for Bourgeoise and Wood. Since the death of her son, Wood lost her job because, she said, she was unable to focus.
Bourgeoise is troubled by the lack of help.
“I can’t believe they haven’t made provisions for this in victims services. How could they not see that this is important for [parents] to be there?” wondered Bourgeoise. “There is supposed to be someone who knew Martyn well in the court and who better than his parents?”
But the attack on Hendy is not uncommon in Canada.
Four months before Hendy’s death, Statistics Canada reported youth homicides hit a record high in 2006, but by 2008 the overall rate of youth crime was down 25 per cent from its 1991 peak.
The homicide rate among youth aged 12 to 17 was three per 100,000, with 84 young people charged in 54 killings.
Statistics Canada noted that homicides make up only a tiny portion of youth crime and rates can fluctuate substantially from year to year. Five years earlier, the youth homicide rate was at a 30-year low.
However, youth violent crime has jumped 30 per cent since 1991.
Nearly 80 per cent of youth involved in violent crime were accused of assault. Most of those charges were common assault – the least serious form. But the increases in youth violence took place at the same time that overall crime was declining.
There has been some reaction to these statistics.
In September, only a month after Hendy had died and a month before last year’ federal election, the ruling Conservative Party said they would reconsider the Young Offenders Act.
The Conservative party, which has always claimed to want to be tough on crime, said it wanted people 14 and older convicted of murder or other severe, violent crimes such as rape or manslaughter, to be named in the media.
“Upon conviction, the name will be made public and the news media will not face a publication ban,” Prime Minister Stephen Harper said.
Under current law, media in most circumstances cannot name young offenders under 18. The new legislation would state that the primary goal of the young offenders law would be twofold — to rehabilitate young offenders and protect society. And most violent young offenders would automatically be subjected to harsher sentences.
In general, the new law would provide for stiffer youth sentences taking into account the severity of the crime and the offender’s level of responsibility. It would also make it easier when necessary to detain an offender before trial.
On March 11, 2009, the reelected Conservative government introduced Bill C-340, which would allow for name publication. It waits for Royal Assent, which is the final stamp of approval.
While that might make things tougher for young criminals, it doesn’t help the parents of victims.
Not that Cullen is giving advice to his adversaries, but the MP said he sees a situation where the victim’s services system is flawed and could be changed if the Conservatives wanted to be tougher on youth crime.
Although sympathetic to what Hendy’s parents are going through, Cullen said he wasn’t sure that any decision based on what happened to Hendy would be wise. He also wasn’t sure that the Young Offenders Act would ever suffice all Canadians’ expectations.
“The young offenders act is not something I think will ever be perfect. I think it is one of those moving targets because the nature of crime is constantly changing and the nature of our community is also changing and what young people are up to.”
A boy so good looking, so goofy, so full of future, who had made so many choices, good and bad, had the only irreversible choice made for him. The choice of whether or not Martyn James Hendy would live is gone.
That decision has had a profound and troubling affect his family, friends and Christine, who now lives in Calgary with her parents. Wood said that on that warm August evening, it was Christine who last touched him. Now, Bourgoise and Wood say they need to seek her out and have a talk, hoping that a conversation between three people that are hurting so much can deliver them peace.
“We are going to have to go see her,” said Bourgoise.
Because it hurts so much it is also clear that Hendy’s indelible mark on his family and friends is permanently etched. His facebook page is still there with his tongue sticking out, where he is still a fan of Georges St. Pierre and the band, Moneypenny. He still has blonde-died hair. His eyes remain brown and open wide. He still has 182 friends.
His friends say their choice, now, is justice for Hendy. They don’t feel that the five accused teens should face what they perceive to be a watered down version of it.
They want something close to full value, though they aren’t sure what that is.
“How will we actually get true justice when we can never have Marty back? How do I choose something else that may be better, how do you justify that, how do you trade one loss for one loss when a loss is still a loss?” asked Spence.
Jackson is angry at the thought of what justice to her means with regards to how she perceives the Young Offenders Act.
“If you do the crime, you do the time. That’s how I see it,” said Jackson. “A life was taken. To me, I don’t think they should be allowed to just get whatever they probably will get, which is a minimum sentence or something. I don’t think that is right.”
Bourgoise said he voted for the Conservatives in October and he hoped they fulfilled their promise. Regardless if it affects the accused trial, if the act was changed, it would be the only way his stepson would have his real justice.
His mother Barbara is hoping that Martyn’s death has a much deeper affect. Wiping away tears, she pleaded to other young men and women to never put families through this.
“I would like to express to the young people out there that there is no such thing as a little scrap. It can irreversibly change your life and other lives forever.’
