Battlefords falling behind on reconciliation: judge

“This was not a racially motivated incident,” insisted the defendant’s lawyer, Randy Kirkham. “It was out of frustration in terms of the police not showing up and being the victim of a theft.”

Continued from Page 1 security system at Eleanore Sunchild’s residence in Battleford. The video online sparked outrage across the province.

The video evidence showed Adam Lesmeister “roaming around the area” and taking off his hoodie looking for a confrontation, said Crown Prosecutor Stephen Larocque. A truck with a trailer driven by Colby Tootoosis could be seen backing into Eleanore Sunchild’s yard in Battleford. There were two men with Lesmeister in the backyard. Dane Lesmeister, 18, was also arrested and charged with possession of a weapon for a dangerous purpose. The charge was dealt with through alternative measures and in January the charge against him was dismissed.

Some parts of the video evidence had sound and Lesmeister could be heard hollering at Tootoosis, “Where are my [expletive] bags? Someone stole bags from my truck and it leads here. Give me my [expletive] bag.”

Tootoosis was heard repeatedly saying, “I don’t live here.”

The video evidence then showed Lesmeister climb onto the bumper and trailer hitch of Tootoosis’ truck and “sucker punching” him.

Tootoois was taken to the ground – in front of his six-year-old daughter – and Lesmeister grabbed Tootoosis by the hair and delivered “another strike to his head,” said Larocque who called Lesmeister’s actions a “cowardly move.”

He told the court that Tootoosis was “clearly not a threat and was not fighting back and outnumbered.”

Tootoosis was driving a nice truck, wasn’t involved in the theft, and appeared confused when he was initially approached by Lesmeister, court heard.

After the attack, Lesmeister drove away and didn’t offer any help, apology, or assistance to the person he just wrongfully attacked, said Larocque.

There was no suggestion that anyone at Sunchild’s home was involved in the theft of the bag that ended up in their backyard, court heard.

Sunchild moves family out of Battleford

Tootoosis’s friend Eleanore Sunchild –who is a lawyer – spoke directly to Lesmeister as she read her victim impact statement.

“Adam, I am extremely disappointed you came into my yard July 17 and brutally assaulted my friend Colby. We were at the lake that afternoon.

“You had to show your superiority and assault him and boss him around like it was your house.”

Sunchild said she moved her family out of the Battlefords after the assault on her friend. She said Lesmeister’s actions were the last straw in the “racist and dangerous actions” she said she sees in the Battlefords. Sunchild acted as the lawyer for Colten Boushie’s family. Boushie was shot and killed by Biggar area farmer Gerald Stanley in 2018. Stanley was acquitted.

“Battleford is no longer a safe place to raise my Indigenous sons. I don’t want to wonder if they will be harmed given the state of racism in the Battlefords. I moved to Saskatoon. It is peaceful, safe, and quiet.”

Lesmeister sat looking forward and didn’t look at Sunchild as she read her victim impact statement.

Denounce vigilante justice: Crown

Crown Prosecutor Larocque said vigilante justice was an aggravating factor in the assault and increased the need for denunciation and deterrence.

“It was an assault moti- vated by retribution.”

The fact that Tootoosis and his family are Indigenous is another aggravating factor, said Larocque as he pointed out the trauma Indigenous people have experienced due to colonialism. The impact on an Indigenous victim and the assault’s impact on his young daughter in the truck increased the gravity of the offence.

He told the court that Tootoosis was “violently attacked” even though he had no connection to the theft Lesmeister was a victim of, other than being in the area after the stolen bag was found.

The Crown asked for a six-month suspended sentence followed by 12 months of probation and $16,000 in restitution for lost wages Tootoosis suffered.

Truly remorseful: Defence

Defence counsel Randy Kirkham told the court that his client was “truly remorseful” and had wanted to reach out to Tootoosis and his family early on to apologize but was prevented from doing so by a court order that prohibited any contact.

The nature of the unprovoked assault isn’t disputed, Kirkham told the court, adding that he wanted to explain the events that led up to the assault.

Lesmeister had returned home from the lake and was in the process of taking items into the house when he had observed someone on a bicycle and noticed that the passenger door of his truck was open, as well as the center console, court heard. A duffle bag had been stolen from his vehicle.

He called the police to report the theft and his wife started using the find my iPhone app to locate the cell phone that was in the stolen bag.

“While she was doing that he ended up heading off with directions from her to locate the phone while she remained on the phone with the RCMP updating them.”

The bag was eventually located in the Sunchild’s backyard and this was communicated to the police and Lesmeister waited there for them to arrive.

The police, however, advised Lesmeister that they weren’t coming, Kirkham told the court. The cell phone and bag were recovered but Lesmeister’s pants with his house, trailer, toolbox and shop keys weren’t.

“When the police didn’t respond he became upset and frustrated and someone was then noted to be backing into the yard.” on my part and for that I sincerely apologize. Had I had the opportunity to apologize sooner I would have jumped at the chance.

“The actions of July 17 are not an accurate reflection of my character,” added Lesmeister.

“Do I regret my actions?” asked Lesmeister. “Absolutely. I live with it daily.”

Lesmeister said he had read the victim impact statements and it was “gut wrenching to know how I caused them such stress. I would like to relay my sincere apology. I hope they find some comfort in knowing how sorry I am.” Kirkham told the court that Lesmeister now suffers from bouts of depression and sleeplessness.

Sentencing adjourned

Kirkham admitted that Lesmeister made “quick judgments and assumptions” and an unprovoked assault occurred.

“This was not a racially motivated incident,” insisted Kirkham. “It was out of frustration in terms of the police not showing up and being the victim of a theft.”

He added that Lesmeister had been the victim of three thefts prior to this incident.

“Race has nothing to do with it,” said Kirkham. He also told the court that it was not an act of vigilantism but rather an instant reaction to the situation.

Kirkham told the court that Lesmeister has many Indigenous friends and employees and his grandfather had married an Indigenous woman. In addition, several Indigenous people came to the sentencing hearing to “dispel the notion” that Lesmeister is racist.

Kirkham told the court that the Lesmeister family received death threats following the incident. In addition, their home was egged and vehicles vandalized.

Defence asked the court for a suspended sentence and nine to 12 months of probation.

Lesmeister’s apology Through his lawyer, Lesmeister apologized to the court how his actions affected Tootoosis and his family.

“It was a chaotic and emotional event that resulted in a poor decision

Judge Kritzer reserved handing down a sentence until May 15 saying he had at least “100 pages of material to go through.”

Judge Kritzer acknowledged there is no evidence to substantiate that the attack was racially motivated. He added, however, that when the victim is from a population that does feel “put upon” it’s certainly reasonable that they would feel the assault was racially motivated and it is an aggravating factor.

“Mr. Tootoosis, I do consider your feeling that this may be racially motivated and consider that real feeling. I can’t sentence this individual based on that,” said Judge Kritzer, adding that he will consider that fact.

Encouraged by judge’s comments Outside the courthouse, Eleanore Sunchild told reporters that she was encouraged by Judge Kritzer’s comments during the sentencing hearing.

“I was really pleased with what he said about general deterrence and vigilante justice. It’s clear that he seen what happened in my yard to Colby Tootoosis as an act of vigilante justice so that is good. I was very surprised to hear that from a judge sitting in North Battleford.

“You could tell that he was very thoughtful in his comments and what he was saying and I’m looking forward to a very thoughtful decision from him.”