Judge to decide Port Hardy murder case

B.C. Supreme Court Justice Miriam Maisonville expected to make her ruling May 6 in Campbell River.

  • Apr. 3, 2014 4:00 p.m.

Paul Rudan

Campbell River Mirror

CAMPBELL RIVER—Second degree murder or manslaughter?

That’s the decision left to B.C. Supreme Court Justice Miriam Maisonville who’s expected to make her ruling May 6 in Campbell River.

Justice Maisonville is presiding over the case against 20-year-old Dakota Johnny of Port Hardy. He’s charged with second degree murder of Cindy Scow who also lived on the Tsulquate First Nations Reserve.

The 28-year-old mother of seven died following a severe beating she received on the night of Sept. 9, 2012. She was found partially clothed, covered in blood and dying in an abandoned house on the reserve.

An autopsy revealed Scow had died of blunt force trauma – perhaps six blows to the head – and was heavily impaired by alcohol at the time of her death.

Johnny was arrested shortly after Scow was found. During trial, witnesses described seeing Johnny and Scow drinking and laughing together earlier in evening, across the road from the abandoned house.

Johnny was arrested just after midnight at his father’s home. He had blood on his shirt as well as his shoes and he would ask the arresting officer about how many years he might get in jail.

“What do you think the years are going to be if you guys find out it was me? Probably like 28?” Johnny asked the officer.

In his summation, Crown prosecutor David Fitzsimmons said it’s unknown why the violent assault with a wooden dowel occurred, but the scene was “horrific” with Scow’s blood splatters on the wall and ceiling.

“(Johnny) caused her bodily harm he knew was likely to cause her death,” said Fitzsimmons.

However, defence lawyer Doug Marion believes this, “has always been a manslaughter case.”

Johnny did not testify on his own behalf. However, a defence witness said that Johnny reacted violently after Scow had bitten his penis while they were engaged in consensual sex.

“If she did assault him, his reaction was excessive,” Marion told the court.

The decision now rests with the judge and Fitzsimmons acknowledged it’s not a straight-forward matter.

“The Crown says it’s a simple case, but not an easy case,” he said. “Dakota Johnny is the person responsible for the death of Cindy Scow. That’s the easy part. The hard part is if it’s second degree murder or manslaughter?”

 

Just Posted

North Island MLA Michele Babchuk. Photo contributed
COMMENTARY: MLA Michele Babchuk talks the future of forestry

‘These forests are important to every single one of us, myself included’

Dr. Prean Armogam hands over a cheque for $10,000 to Hardy Bay Senior Citizens Society president Rosaline Glynn. The money will be going towards a new roof for the Port Hardy seniors centre. This is the second donation Dr. Armogam has made to the society, giving them $5,000 a little over a year ago. (Tyson Whitney - North Island Gazette)
Doctor donates $10k to Hardy Bay Senior Citizens Society for new roof

This was the second donation Armogam has given to the society

New COVID-19 cases on Vancouver Island by local health area for the week of May 30-June 5. (B.C. Centre for Disease Control image)
COVID-19 cases drop again almost everywhere on Vancouver Island

Nanaimo had four new cases last week, down from 22 the week before

Blueprints for the seniors housing project in Port Hardy. (North Island Seniors Housing Foundation photo)
BC Housing declines North Island Seniors Housing Foundation’s proposal to build units

BC Housing will be explaining why exactly the project was declined at a June 18 meeting

An aerial view of the marine oil-spill near Bligh Island in Nootka sound that the Canadian Coast Guard posted in a live social media feed in December. ( Canadian Coast Guard/Facebook)
Oil from vessel that sank in 1968 off Vancouver Island to be removed

DFO hires Florida firm to carefully remove oil from MV Schiedyk in Nootka Sound starting in mid-June

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read