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

Police watchdog probe ‘intoxicated’ man injured in Port Hardy RCMP custody

Police responded to a house on Jan. 15 and arrested a man

Home care complaints up 45% on Vancouver Island

Number of home care hours delivered down 6%, complaints up 45 %

Port Hardy RCMP request the public’s help in solving crime involving camera equipment

Please contact the Port Hardy RCMP at 250-949-6335 if you have any information.

Port Hardy Mayor Dennis Dugas says district is not backing out of multiplex project

The district will be holding a multiplex open house session Jan.29 at 6:30 p.m. at the Civic Centre.

New Canada Food Guide nixes portion sizes, promotes plant-based proteins

Guide no longer lists milk and dairy products as a distinct food group

Liberals look to make home-buying more affordable for millennials: Morneau

Housing is expected to be a prominent campaign issue ahead of October’s federal election

Canadian navy plans to extend life of submarines

The fleet has turned a corner after a troubled start

Cannabis-carrying border crossers could be hit with fines under coming system

Penalties are slated to be in place some time next year

Man accused of threatening to kill ‘as many girls as I see’

Christopher W. Cleary wrote he was angry because he’d never had a girlfriend and wanted to ‘make it right’ with a mass shooting

Canadian talent abound on newly revamped Vancouver Whitecaps squad

Lineup is full of new faces after the organization parted ways with 18 players over the off-season

B.C. Green leader calls for long-term legislature financial audit

Andrew Weaver says trust in clerk and sergeant at arms is gone

No charges in fatal police Taser incident in B.C.

RCMP watchdog concludes no evidence of excessive or disproportionate force was used by officers

Most Read