‘Meaningful consequences’

File this under the unseen costs of crime in Winnipeg.

From the police blotter from Dec. 4, 2009.

Serious Assault

On December 4th, 2009 at approximately 9:00 p.m., uniform members were dispatched to the area of the 700 block of Winona Street regarding an assault.

The investigation has since revealed that several people were gathered at a residence in the area of the 200 block of Harvard Avenue West. A group of female patrons left the residence at one point during the evening and encountered a 48 year old male in the area.

It is alleged that the 48 year old male verbally accosted the females at which time they fled advising their friends still at the residence.

A short time later, 4 suspects located the 48 year old male victim in the area. It was at this time the suspects began physically assaulting him. The suspects eventually fled the area.

Police were summoned and located the injured male. He was conveyed to hospital in critical condition suffering from serious upper body injuries.

The victim remains in hospital in critical but stable condition.

The investigation continued by members of the East District Crime Unit and Community Support Unit.

One 18 year old male, two 16 year old males and a 15 year old female have been arrested and have been charged with Aggravated Assault and Possess Weapon for Dangerous Purpose.

They have been detained in custody.

—-

Ernest K. has been in hospital ever since.

His prognosis is that he will never recover.

He’s pretty much constantly sedated and restrained in case he hurts himself while out of bed.

He has zero short-term memory and cannot function normally any more.

Now, the victim’s family is forced to wrangle with the legal system in an effort to get his affairs in order to see that he’s cared for throughout his hollow future.

A pain in the ass for the family to say the least. Disgusting at best.

They’ve filed for a court order seeking power of attorney to oversee his affairs.

Well, what’s happened to the people — ‘kids’ by definition of the YCJA — who assaulted him, you might ask.

Mike Mac from the Free Press lets us know:

A Winnipeg man suffered permanent brain damage after being swarmed and beaten by a group of teenagers while walking in Transcona last winter.

The 48-year-old victim spent two months in a coma and remains in hospital confined to a wheelchair and requiring around-the-clock assistance, court was told at the sentencing hearing this week of one of the man’s attackers.

“He effectively has no quality of life,” Crown attorney Joanna Kostiuk said.

Police have charged four people with the attack – a 15-year-old girl and three boys aged 16, 17 and 18. The girl pleaded guilty this week to assault and was sentenced to 18 months of supervised probation. The boys’ cases remain before the courts.

Kostiuk said the Dec. 4 incident began when the victim – who admits to being intoxicated – yelled at a 13-year-old girl to “come here” as they passed each other on opposite sides of Winona Street around 9 p.m.

The young girl retreated to a nearby home, where several friends were having a party, court was told. Two boys, aged 16 and 18, allegedly ran out of the house looking for the man, believing he was making sexual advances towards the girl.

“We discovered later that wasn’t the case at all,” said Kostiuk. “Who interpreted that as a threatening comment is still under investigation.”

The two boys are accused of catching up to the victim, punching him repeatedly in the face, knocking him to the ground, stomping on his head and kicking him in the stomach.

Two more youths – the 15-year-old girl and a 17-year-old boy – then entered the picture and delivered several kicks to the unconscious victim, court was told.

He was discovered by other pedestrians in the area and rushed to hospital in critical condition.

Kostiuk said the girl has showed little remorse for her actions during an interview with police.

“It was a horrible incident,” she said. “I hope her attitude is different now than when she was arrested.”

Provincial court Judge Tim Preston called the girl’s actions “outrageous,” even though he conceded the bulk of the physical damage was likely inflicted by other accused.

“You should never have gone near that man and kicked him while he was unconscious,” said Preston.

He ordered the girl to write a letter of apology to the victim and perform 50 hours of community service work as part of her probation.

A man will never, ever, have any life worth living ever again and one of his attackers gets probation. That, under the YCJA, amounts to a ‘meaningful consequence’ for the offender with full view of trying to rehabilitate her and, at the same time, protect the public.

She’s out there in our city again today.

It’s just wrong.

And I can only imagine how many other youth cases have outcomes similar to this every week in Manitoba.

It sickens me.

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