Brayden Bushby Charged With 2nd Degree Murder After Death of Indigenous Woman Hit by Trailer Hitch

Barbara Kentner (Facebook).

Charge upgraded from aggravated assault to second-degree murder

Brayden Bushby, 18, has been charged with second-degree murder after allegedly throwing a trailer hitch from a car that struck an Indigenous woman who later died in hospital.

According to CBC News, Bushby was originally charged with aggravated assault by Thunder Bay police in February. Barbara Kentner, 34, died in July.

Bushby made a brief court appearance Friday morning; afterward, acting Crown Attorney Andrew Sadler confirmed the murder charge.

Bushby, who is in custody, is scheduled for a bail hearing Friday afternoon

He will make another court appearance on Nov. 6.

Details of the case have been subjected to a publication ban.

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Principal After Violent Death: Drugs and Gangs ‘Killing Our Youth’

Views of Sagkeeng First Nation which sits on the north and south shore of the Winnipeg River near Pine Falls Manitoba. Dec 19, 2014 Ruth Bonneville / Winnipeg Free Press

  • Staff | CP – Apr 26, 2017

SAGKEENG FIRST NATION, Man. — The killing of a 19-year-old high school student and a graphic video believed to be linked to the death has shocked a small Manitoba First Nation that has seen more than its share of tragedy.

RCMP said Wednesday they were reviewing the video circulating on social media to determine whether it was indeed connected to the death on the Sagkeeng reserve, 120 kilometres northeast of Winnipeg.

They also said they had arrested two girls, 16 and 17 years old, on charges of second-degree murder.

RCMP would not identify the victim, but community members said she was Serena McKay. The two accused cannot be identified under the Youth Criminal Justice Act.

All three were students at the Sagkeeng Anicinabe High School, said principal Claude Guimond.

“We’re not a very big school. We only have about 220 students here … and all three of the students in the video, I know them personally and it was hard to take,” Guimond said.

“Tuesday we had a healing ceremony for our students and staff … and one of the recurring things that came out was how social media — Facebook, you know — made things even worse by people reposting the video.”

The video shows a young woman lying bloodied on the ground and barely conscious as she is repeatedly kicked and punched in the head. It appears to have been taken on a cellphone. Female and male voices can be heard.

McKay is the woman being attacked in the video, Guimond said.

RCMP would only say the victim’s body was found Sunday night, near a home in Sagkeeng, about two hours after she was reported missing to the detachment in the neighbouring town of Powerview.

Counsellors were brought in this week to help students and staff at the school deal with the death. A vigil was planned for the community on Thursday evening.

Sagkeeng, a community of some 3,000 residents, was also the home of 15-year-old Tina Fontaine, whose body was pulled from the Red River in Winnipeg in 2014. She had left Sagkeeng just two months earlier. Her father, Eugene Fontaine, was beaten to death on the reserve three years earlier.

The small community has seen several other cases of missing and murdered indigenous women, including 17-year-old Fonessa Bruyere, who was killed in Winnipeg in 2007.

Guimond said gang activity and drug use have encroached on the community from the city.

“Over the last 10 years, what I’ve noticed is that more and more of the gang influence is filtering on to the reserve from Winnipeg,” Guimond said.

“With gang activity comes drug trafficking and stuff like that, and that’s what’s killing our youth here.”

Sagkeeng Chief Derrick Henderson said everyone is trying to come to terms with the latest death.

“It’s been tragic and it’s pretty sombre right now.”

By Steve Lambert in Winnipeg

The Canadian Press

[SOURCE]

Video Linked to Serena McKay Homicide Needs to Be Pulled Off Facebook, Chief Says

The body of Serena McKay, 19, was found Sunday evening in Sagkeeng First Nation. Two teenage girls have been arrested and charged in her death. (Del Daniels/Facebook)

2 teenage girls from Sagkeeng First Nation charged with 2nd-degree murder in McKay’s death

CBC News Posted: Apr 26, 2017

The chief of Manitoba’s Sagkeeng First Nation wants the video of a vicious attack on a young woman — some say the same woman later found dead in the community — pulled off Facebook.

The body of the woman believed to be the victim in the video, 19-year-old Serena McKay, was found Sunday night near a home in the community 100 kilometres northeast of Winnipeg.

The video is disturbing and its continued existence is extremely difficult for McKay’s mom, who hasn’t even seen her daughter’s body yet, said Chief Derrick Henderson.

Serena McKay

“I know the mom personally. It’s very hard for her,” he said, adding he hopes she will see her daughter on Wednesday and then funeral arrangements will be made.

“Today’s going to be a tough day for her,” he said.

Two teenage girls from the community have been charged with second-degree murder in McKay’s death. The girls, aged 16 and 17, cannot be identified due to provisions in the Youth Criminal Justice Act. Both are being held in custody.

​All three went to Sagkeeng Anicinabe High School, but McKay lived in the neighbouring community of Powerview-Pine Falls.

The video, which has been shared many times on Facebook, shows a girl being beaten but doesn’t clearly identify anyone.

“I’ve asked Facebook and I’ve asked the major crimes unit to get that video removed, whatever it takes,” Henderson said. “I mean that’s part of the investigation again, right? It’s evidence.

“It’s pretty hard once it gets out there, I guess. But there must be some mechanism there available.”

RCMP are aware of the video, but a spokesperson would not confirm whether the person being attacked is McKay. Sgt. Paul Manaigre said officers are reviewing the video to determine if it is relevant to their investigation.

He also said the video is being passed around via Facebook Messenger, which means it cannot be controlled by Facebook but only by those sharing it.

Henderson hopes the homicide sparks a conversation that starts to bring changes to Sagkeeng.

​”It’s devastating for everybody. Even me, as a leader, it’s so hard to stomach, but we have to continue and move forward and try to make it a better place for our people,” he said.

“I’m not sure what the circumstances are of what happened but I know a lot of it can be related to lots of factors like addictions. I know that’s an issue in my community, it’s an issue everywhere, and we need to deal with those things.”

Henderson also wants to see parents held more accountable for keeping an eye on their children.

“They need to be more responsible towards their children: ‘Where are you? Why are you not home?’ Things like that,” he said. “Where’s the moms and dads?”

Henderson plans to speak about those issues at a vigil for McKay planned for Thursday at 6 p.m. in Sagkeeng.

McKay was last seen by a family friend on Saturday evening and was reported missing to Powerview RCMP on Sunday around 6 p.m.

As officers searched the area, they received a call two hours later — around 8 p.m. — that her body had been found.

[SOURCE]

Brett Overby Charged with Second Degree Murder in Christine Wood Homicide, Body Still Missing

Christine Wood, 21, disappeared after she went out with friends for the evening on Aug. 19, 2016. (File Image)

Police believe Christine Wood killed hours after going missing

By Black Powder | RPM Staff, April 10, 2017

Days after police charged a Winnipeg man with second-degree murder in the disappearance of Christine Wood, officers said they still have not found her body.

According to Global News, on Saturday, Brett Overby, 30, was charged with the murder of Christine Wood, 21. Documents also allege Wood was killed on or around Aug. 20 – the day after she went missing.

On Aug. 19, after going out that evening, Wood from Oxford House First Nation, never returned to the hotel where her family was staying after coming to Winnipeg for a medical appointment.

The case was treated at a missing person’s investigation until January 2017, when the homicide unit took over as lead investigators.

Overby, was arrested March 21 after police searched a home in the 300 block of Burrows Ave. At the time, he was charged with an unrelated offence.

CTV News reports, Winnipeg Police Service Sergeant John O’Donovan said officers ended up at that home as a result of information from a number of warrants and production orders on electronic devices Wood used prior to her death.

The Forensic Identification Unit stayed at the home for several days.

Overby, was questioned, but he was let go as there wasn’t enough forensic evidence to lay any charges.

Brett Overby, 30, was charged with the murder of Christine Wood, 21. Instagram. Source Global News

On April 6, forensics tests came back and the following day the Crown Attorney authorized a second degree murder charge against Overby.

Police were able to provide evidence to the Crown’s office that Wood, not only was she present, but she was killed in that house.

Although police believe Wood was killed in Overby’s home, they do not have any information from the accused on where her body is.

During a media conference Monday, Police Chief Danny Smyth said “We will continue on this investigation until we find her remains.”

In September the police said there were “multiple sightings of Wood.” They also said she was was facing some “personal challenges” and may be associated with people tied to drug trade.

However, police now say, they do not believe drugs or gang affiliations are involved.

Police also say the accused and Wood were unknown to one another prior to Aug. 19 and it does not appear there was a relationship between them.

Winnipeg police press conference concerning Christine Wood, Monday.

Grand Chief Sheila North Wilson was at the media conference speaking on behalf of Wood’s family.

“After the most difficult eight months of our lives, we are mourning the loss of our daughter,” North Wilson said in a statement written by Wood’s family.

The family will be in Winnipeg for a vigil on Wednesday.

Gerald Stanley, Accused in Colten Boushie Case, to Stand Trial for Second Degree Murder

Colten Boushie’s family surrounded by support outside the North Battleford courthouse Aug. 18, 2016.

Gerald Stanley committed to stand trial for second degree murder of Colten Boushie

By Red Power Media, Staff | April 06, 2017

The Saskatchewan farmer charged in the shooting death of 22-year-old Colten Boushie has been committed to stand trial.

650 CKOM reports, Gerald Stanley will stand trial in the Court of Queen’s Bench, in North Battleford, on the charge of second degree murder.

The ruling came down Thursday, on the last day of Stanley’s preliminary hearing.

On Aug. 9, 2016, Boushie, a resident of the Red Pheasant First Nation, was a passenger in a car with four other people when he was shot and killed on Stanley’s rural property after the group went to ask for help with a flat tire.

Gerald Stanley leaves North Battleford provincial court on the last day of his preliminary hearing Thursday. A judge ordered him to stand trial on second-degree murder. (Jason Warick/CBC )

The allegations against Stanley have not yet been proven in court.

A trial date has not been set, however the Crown said it would be fall 2017 at the earliest.

All evidence and testimony from Stanley’s preliminary hearing are under a publication ban.

The next scheduled appearance for Stanley is June 26, 1:30 in provincial court on two charges of unsafe storage of a firearm.

RCMP are also looking into laying hate-speech charges over racist comments made online about the Colten Boushie case.

RCMP say that Mounties have “looked into a number of instances of potential hate crimes” over the last few months in Saskatchewan. No charges have yet been laid.

RELATED:

The RCMP was accused of showing bias in its initial media release issued about the shooting.

The way RCMP initially described the shooting death of Boushie fueled racial tensions in Saskatchewan.

Social media exploded with rumours and posts that wished violence on Boushie’s friends and Indigenous people in general.

Hearing attracts rally

CBC News reports, a crowd of nearly 100 people carrying placards reading “Justice for Colten” and “Native Lives Matter!” gathered outside the courthouse on Thursday.

According to the Battlefords News-Optimist, a number of Indigenous leaders, including Federation of Sovereign Indigenous Nations (FSIN) officials and several area Chiefs, were in attendance decrying the racism they were seeing.

“This is tragic, but again it’s not the first time,” said FSIN vice-chief Heather Bear. She voiced support for laying charges for those who had promoted hate speech on social media in the wake of the tragedy.

At the rally Colten’s cousin Jade Tootoosis stood beside Colten’s mother, Debbie Baptiste, and read a statement on behalf of the family.

“While his death revealed a deep divide in this province, it also brought us here, to this court house where we can come together and ask for a fair trial for everyone involved. We, Colten’s family, hope that this preliminary hearing and the issues that it raises about our relationships with each other, will generate further discussion and dialogue to help us bring our communities together.”

Following the preliminary hearing, crowds broke into chants of “Justice for Colten” after they learned that Stanley had been committed to stand trial.

“I’m pretty sure my brother’s looking down now happy,” said Colten Boushie’s brother, William Boushie, to reporters following the proceedings.

RCMP barricades blocked the road in front of North Battleford Provincial Court for much of the hearing’s, while several officers were stationed outside the building and inside the hallways and courtroom.

The lawyer for the Boushie family, Chris Murphy, said he wasn’t aware of any threats and said he’s never before seen that amount of security at a court case.

Tina Fontaine’s Alleged Killer Going Straight to Trial

Raymond Cormier will be directly indicted in a Winnipeg court on Tuesday afternoon. (Tom Andrich/ CBC)

Raymond Cormier will be directly indicted in a Winnipeg court on Tuesday afternoon. (Tom Andrich/ CBC)

Raymond Cormier will be directly indicted and will not have a preliminary hearing

By Katie Nicholson, CBC News Posted: Feb 21, 2017

The man charged with second-degree murder in the death of Tina Fontaine will be directly indicted in a Manitoba court Tuesday afternoon.

A preliminary hearing had been scheduled for Raymond Cormier in May but that’s all out the window now. Cormier’s case will now proceed directly to trial.

“That is, quite honestly, a problem for us,” said Tony Kavanagh, the senior counsel on Cormier’s defence team.

“A preliminary inquiry is a very useful tool for the criminal justice system, Crown and defence alike,” said Kavanagh, a former Crown prosecutor.

“What it really allows us to do is to zone in on the key issues. Who are the main witnesses? What’s the key issue of contention in terms of this case and in a case as serious as this? It’s perhaps the most important tool the defence and Crown has.”

Without a preliminary hearing, Kavanagh said he and his client will have to sift through a vast volume of evidence without being able to hone in on the specifics of the case against Cormier.

“One of the difficulties, in fact, is because the preliminary inquiry was taken away from our client we have less of a chance to do what I would call the discovery process where we might test a few witnesses,” said Kavanagh. “That’s been yanked away from him.”

Lawyer Tony Kavanagh says preliminary hearing "yanked away" from client Raymond Cormier. (Lyza Sale/ CBC

Lawyer Tony Kavanagh says preliminary hearing “yanked away” from client Raymond Cormier. (Lyza Sale/ CBC

Cormier was charged with second-degree murder in connection to the death of 15-year-old Tina Fontaine in December 2015 following a months-long elaborate Mr. Big Sting. Since that arrest, he has been in segregation, mostly at the Brandon Correctional Centre

Manitoba Department of Justice Prosecutions policy states “normally a preliminary inquiry should be held and a direct indictment should not be considered unless exceptional circumstances exist that outweigh the benefits of holding a preliminary inquiry.”

According to the policy, “overriding the right to a preliminary inquiry by preferring direct indictment is an extraordinary step.”

According to the province’s policy, the Crown can press for direct indictment if:

  • There is danger of harm, trauma or intimidation to witnesses or their families.
  • Reasonable basis to believe that witnesses will attempt to subvert court process.
  • The age or health of victims and witnesses is factor.
  • A lengthy court process creates a substantial inconvenience to witnesses.
  • The need to protect ongoing police work.

Perhaps most relevant to an investigation, which included a Mr. Big Sting, the policy states “the Crown can seek direct indictment if the outcome of the case will be largely dependent on the outcome of Charter challenges to Crown evidence that cannot be advanced at a preliminary inquiry,” for example, whether or not wiretap evidence could be used.

‘A great concern’

Kavanagh said he doesn’t know which arguments the Crown made to proceed to direct indictment.

“It’s always a great concern when the Crown takes this step,” said Kavanagh.

“It does bring with it consequent dangers and one of the dangers especially in a case with a Mr. Big — especially in a case with other tenuous evidence and our client strongly denies this allegation — it takes away that opportunity to discover,” said Kavanagh. “So it won’t be until the trial itself that we’ll actually get to see what we’re dealing with.”

Although rare, Manitoba Justice has granted direct indictments in high-profile cases before. In 2010, a preliminary hearing was scrubbed in the case against Denis Jerome Labossiere, who was later convicted of slaying his parents and brother.

A preliminary hearing was also scrubbed in the case of Jeffrey Cansanay who was facing charges of second-degree murder.  In 2007, the original case against Cansanay was thrown out after going straight to trial because two witnesses ended up refusing to testify. Cansanay was re-arrested, retried and convicted three years later.

Kavanagh said Cormier is disappointed and concerned by the decision.

“He thought it was yet another step in the process of curtailing what he sees as his rights, his ability to defend himself against some of the most serious charges in the criminal justice system,” Kavanagh said.

Kavanagh estimates the earliest a trial date will be set will be the end of 2017 or early 2018.

Crown attorney James Ross declined comment.

The direct indictment will also delay another legal matter Cormier is grappling with — an appeal before the Law Enforcement Review Agency (LERA). Cormier filed a complaint in 2016 with LERA claiming Winnipeg police fabricated evidence against him in the death of Tina Fontaine.

Cormier had a LERA court date scheduled for Wednesday but it will now be put over to another date.

http://www.cbc.ca/news/canada/manitoba/iteam/raymond-cormier-tina-fontaine-direct-indictment-1.3991305

Suspect Charged In Connection With Homicide Of Ramsey Whitefish

Ramsey Whitefish leaves College Park Court in 2004 after the two police officers accused of assaulting him were acquitted. The bandages on his face are the result of a recent car accident. (TONY BOCK / TORONTO STAR FILE PHOTO)

Ramsey Whitefish leaves College Park Court in 2004 after the two police officers accused of assaulting him were acquitted. (TONY BOCK / TORONTO STAR FILE PHOTO)

By Black Powder | Red Power Media, Staff, May 20, 2016

Suspect arrested for Toronto’s 30th homicide after aboriginal man found dead

Police have identified an aboriginal man found dead in Toronto’s Church-Wellesley Village earlier this week as 42-year-old Ramsey Whitefish.

According to a Toronto Police Service News Release, on Wednesday, May 18, at 12:04 a.m., police responded to an Unknown Trouble call in the Yonge Street and Gloucester Street area.

Whitefish was found in front of 60 Gloucester St and was pronounced dead on the scene, says the Daily Xtra.

He had suffered obvious physical trauma.

Whitefish’s family has been notified of his death.

The Toronto Star reports, Whitefish, for some two decades, since arriving in the city from a reserve in the Turtle Island area — Whitefish was part Sioux, part Ojibway — had been among the chronically homeless, with its drastic over-representation of aboriginals that can be found to be sleeping rough, that is outside, in parks, on benches and inside doorways.

“He was always on the fringe of homelessness,” says Joe Hester, executive director of Anishnawbe Health Toronto, where Whitefish had once volunteered, sometimes going on street patrols, and where he’d shown up with an issue just a few days before his murder. “Homeless people are generally vulnerable people that don’t have what the rest of us take for granted — a stable environment, family, friends, shelter. He was a vulnerable individual.’’

Police are shown at the scene of a suspicious death investigation on Gloucester Street near Yonge Street early Wednesday morning.

Police are shown at the scene of a suspicious death investigation on Gloucester Street near Yonge Street early Wednesday morning.

Suspect charged with second-degree murder

Detective Paul Worden told CP24, Whitefish frequented the downtown core, but was living in a rooming house near where he was found. Police had been called to the rooming house within the last 48 hours regarding a disturbance between Whitefish and his roommate, he said.

Homicide investigators believe Whitefish was attacked by his roommate. A rock found at the scene – roughly the size of a bowling ball – is believed to have been used in the assault, Worden said.

A suspect was arrested after investigators learned that he was appearing at Old City Hall, Wednesday morning on another matter.

Trevor Severin, 24, has been charged with second-degree murder in the death of Whitefish.

Severin, appeared in mental health court on Thursday. He was determined to be mentally unfit for the proceeding. A treatment order was issued for psychiatric assessment, with a next court date of June 24.

Whitefish is Toronto’s 30th homicide this year.

No family member has yet come forward to claim Whitefish’s body. But there are plans to hold a memorial — sending-home ceremony — for Whitefish.