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Random stabbing of woman at sitting in a car drinking coffee at Tim Hortons

Random stabbing of woman at sitting in a car drinking coffee at Tim Hortons

FORT HOPE STABBER SENTENCED TWO YEARS LESS A DAY

THUNDER BAY, ONTARIO   ~~~~~~   July 13, 2021  (LSN)  WABANO was walking by the Tim Horton’s at 310 Memorial Avenueatby when he spotted 2 women sitting in a car drinking coffee.

The women were related to each other and had buried a loved one earlier that day. They were grieving the loss of a father & partner. The restaurant was closed, so they went through the drive-thru and sat in their car in the parking lot drinking their coffee, talking and trying to console each other’s grief.

A 25 year old MYLES EVAN BRIAN WABANO appeared in a Thunder Bay Courtroom on Tuesday July 6,2021 to learn his sentence for stabbing a random woman and trying to steal her purse.

Just before 1:00 a.m. on March 14, 2018, the vehicle door was opened by WABANO. Neither of the women knew WABANO. As the door was opened, WABANO proceeded to stab one woman in the arm and demand her purse. She immediately gave him her purse and computer tablet, and he began to take off on foot. The other woman was unaware of the stabbing and chased WABANO to recover the purse. WABANO threatened her with a bottle of Silent Sam liquor. She tackled him to the ground, with the assistance of her friend, who rushed to her aid, and grabbed the purse. WABANO was able to become free, grabbed the computer tablet and ran back to the Super 8 motel, where he was staying.

The liquor bottle was left at the scene. Police did a DNA test on the bottle and confirmed WABANO’S DNA was on it. He left the scene with the computer tablet and went to Super 8 motel where he was spotted on surveillance video walking in with the computer tablet.

WABANO was on a Facebook messenger group chat the next day bragging to his friends about the stabbing/robbery.

Thunder Bay Police mistakenly arrested John Moonias, but quickly realized the mistake. WABANO states that he only bragged on Facebook messenger about the crime but he didn’t do it. But Justice Nieckarz found that there were details in the group chat that only the perpetrator would know.

WABANO was found GUILTY of robbery and assault with a weapon on January 28,2020 and remained free on bail.

PANDEMIC DELAYS SENTENCING

Because of the worldwide pandemic, numerous delays occurred. But WABANO would finally be sentenced on July 6,2021

THE GLADUE REPORT

MYLES WABANO is an Indigenous person of Ojibway ancestry. He is a member and lifelong resident of the Fort Hope 64 Indian Reserve, also known as Eabametoong First Nation, also known as Fort Hope. Fort Hope is located approximately 360 km north of Thunder Bay, accessible only by air, water and winter roads.

The legacy of colonialization and residential schools on this community have been tragic, to say the least, and cannot be properly captured in this decision.

Education and employment opportunities in WABANO’S community are limited, as are medical facilities. Alcoholism and substance abuse have been long-standing challenges faced by this community dating back to the days of the fur trade and exacerbated by the legacy of residential schools. This has had a significant impact on families and youth in the community.

The Gladue Report tells us that by 2010, when WABANO was a youth, the situation in the community was so dire that Chief and Council declared a State of Emergency. A significant portion of the adult population suffered from opiate addictions. Youth in the community were struggling, culminating in the tragic stabbing death of two youth and a rash of youth suicides linked to suicide pacts.

Multiple other social issues have plagued the community, including poverty, family dysfunction, and an overall sense of hopelessness amongst youth. A community leader reported to the Gladue Report writer that a significant number of Fort Hope’s youth end up in court for offences that are either directly or indirectly related to drug and alcohol abuse. While community leaders continue to do what they can to improve the plight of their people, they remain frustrated with the lack of available resources.

WABANO has suffered the effects of being raised in this environment. He was raised by his mother and maternal grandparents. His mother struggled with alcoholism and depression. WABANO suffers from Fetal Alcohol Spectrum Disorder, depression and anxiety and substance abuse. His FASD is manifested in impulsive behaviours that he struggles at times to manage. This is a common symptom of FASD.

Mr. Wabano has very little relationship with his father, who is a member of a different community. His father is a survivor of abuse at the hands of Ralph Rowe. His paternal grandmother is a residential school survivor. Mr. Wabano was exposed to a lot growing up. In the Gladue report, he described to the writer that he was exposed to a drinking lifestyle from a very early age. He witnessed violent acts committed in his home by others. He began getting into fights at an early age. He first experimented with drugs at the age of 8 years and then alcohol. When he was 13 years old, he was inhaling solvents. He experienced tragic losses of important family members. He spent time in the foster care system and has been to various treatment centres. He has not completed his high school education.

Despite all the trauma of his upbringing, Mr. Wabano maintains a very close relationship with his mother and his sisters, along with his maternal grandmother. He lives with his grandmother and assists in her care.

PRESENTENCE REPORT

WABANO’S mother is now sober and doing well. She has been a positive support for him and sees him daily. With the support and encouragement of his mother,WABANO has gone from daily opiate and other substance use, to being sober since approximately May of 2020. He has successfully participated in his community’s Suboxone program.

WABANO still lives with his grandmother and assists her with household chores and maintenance. He would like to complete his education but will need to leave his community to do so. In the meantime, he struggles to maintain employment.

WABANO currently refuses to take his prescribed medication for depression but has been working on his mental health with the help of nurses and other community supports.

WABANO has a youth criminal record with a total of ten convictions, for which he spent time in detention centres. Many of these convictions pertain to failures to comply with conditions of undertakings, recognizances or dispositions. His last conviction as a youth was in 2013.

Prior to the Tim Horton’s incident in 2018, Mr. Wabano had no adult criminal record. He does have two convictions since for failure to comply with his recognizance. The pre-sentence report refers to compliance issues while supervised as a youth that Mr. Wabano seems to have experienced as an adult offender, although to a much lesser extent. He required encouragement to report to probation and was described by the report writer as “difficult to engage in meaningful conversation”.

LACK OF REMORSE

WABANO is described in the pre-sentence report as showing a “lack of remorse and insight”. The report writer indicated he has minimized his role in the offence and does not accept responsibility for his actions.

VICTIM IMPACT STATEMENT

The female victim of this stabbing provided a statement. She has been affected by WABANO’S actions in a profound and lasting manner. The impact has been emotional, physical and financial. It has extended to her spouse and her small Northern Ontario community. Her plans and goals for the future have been replaced with uncertainty and ongoing struggle. As she wrote in her statement: “Who knew I was going to have to say goodbye to so much more than just my father that day”.

Emotionally, the victim describes that she is now afraid to drive at night or go out at all after dark unless she is with her husband. Even during daylight hours, she will no longer sit in a vehicle and wait for people or chat. She describes herself as being "paranoid” in parking lots. She is fearful of visiting family in Thunder Bay anymore. She feels like she is always looking over her shoulder in a constant state of anxiety when out in public. She feels angry by the fact that she is permanently affected by this attack when all she wanted to do was get a simple cup of coffee. She has a right to feel angry. It was not a lot to expect that she could go out at night and have a cup of coffee without being attacked in her own car.

Physically, she does not have full use of her hand anymore. At trial, she described the permanent loss of sensation in her fingers that has resulted from the stabbing of her arm and the ongoing pain she experiences. She has difficultly with her grip and she experiences swelling. She states that she is reminded of the attack each time she uses her hand.

Financially, the injuries sustained by her have significantly impacted her as a small business owner and co-owner of a farm with her husband. She makes all her own products for sale in her store but is no longer able to make as much as she used to as a result of the injury to her arm. As a result, she has had to give up contracts and can no longer fulfill the large orders she used to complete with no difficulty.

On the farm she owns with her husband, they previously had over 200 animals. She was largely responsible for the chores. She can no longer do them. Day-to-day tasks are enough of a struggle with her hand. The woman and her husband have had to make the difficult choice of downsizing the farm to less than 20 animals. She does not say whether there were other contributing factors to this decision.

The downsizing of her farm has had an impact not only on her and her husband, but their small community. She describes that before the attack, she often volunteered to have school children visit the farm and have tours. She taught them where their food came from. Every Canada Day they used to open their farm to the community so that townspeople could come and interact with the animals and take pictures with them. Their farm was even featured in a news interview, as they were the only farm that far north. None of this happens anymore as a result of the events of March 14, 2018.

SENTENCING

WABANO has served just over 8 months of real custody as a result of breaching his bail conditions twice. But he was released a third time. That time was enhanced to 377 days.

The Crown wanted a 30 to 36 month sentence. Defence wanted 2 years less a day.

Justice Nieckarz sentences WABANO to 2 years less a day minus the 377 days of enhanced time served. WABANO has less than a year sentence left and will be statutorily released in less than 8 months.

WABANO also receives a 2 year probation order.

As per usual practice, local taxpayer subsidized media aren’t telling the public about this sentence.

#LSN_Crime  #LSN_TBay  #LSN_TBPS #LSN_TBayCourthouse

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