R. v. Dillon, 2017 BCSC 1185

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Dillon, 2017 BCSC 1185 Date: 20170505 Docket: 11769-2 Registry: Fort Nelson Regina v. Joshua Edward Dillon Before: The Honourable Madam Justice Murray Oral Reasons for Sentence Counsel for the Crown: O. Fleck Counsel for Accused: D. MacLeod Place and Date of Hearing: Fort St. John, B.C. May 5, 2017 Place and Date of Judgment: Fort St. John, B.C. May 5, 2017 [ 1 ] THE COURT: On July 29, 2015, Mr. Dillon brutally murdered Beverly McLeod in her own home. On July 29, 2015, Mr.

Dillon also stole from the Brake family and many, many people that loved Beverly, a huge and important part of their lives. [ 2 ] I have read from many victim impact statements and they are heartbreaking. For me, they paint a picture of Beverly -- beautiful, sparkly eyed, bright, independent, spirited. A fighter, according to her parents. She came into the world early weighing only 4 pounds 3 ounces and fought her way into this world and she never stopped fighting.

She fought for people she cared about and for causes she cared about and, according to the victim impact statements, she was a person who gave a lot of herself to a lot of people. Clearly, she chose the right profession as a medic. [ 3 ] She liked music and singing. I understand the singing part was sometimes unfortunate. She was a good fisherman. She loved her friends. Most of all she loved her family. According to everything I have read she was a wonderful daughter, sister, aunt, niece and friend. [ 4 ] The victim impact statements were glowing and extremely heartfelt.

So many lives have been crushed by what Mr. Dillon did in July of 2015. The victim impact statements speak of heartbreaking devastation. Beverly McLeod's Aunt Linda said that Beverly's life was stolen from her and from her family and that is true. [ 5 ] I am going to read from some of the victim impact statements, starting with Beverly's best friend, Noelle Strass who called Beverly the embodiment of sunshine: Being around her made me feel warm and somehow lighter. She was the type of person that drew you in.

You couldn't put your finger on why, but she could make you feel a plethora of emotions in just a single look or gesture. There was something so special about her. She had the innate ability to make you feel like whatever troubles you were having weren't really as bad as you thought they were. She was always there to listen, to give advice, or just give you a shoulder to lean on. Anyone who was lucky enough to know her would tell you that her smile would light up any room she entered. She had an infectious laugh, a deep belly laugh that made it impossible not to laugh along with her.

She was the most genuine person I have ever had the pleasure of knowing. She was kind and compassionate, the type of person who would honestly give you the shirt off her back if you needed it. I know it sounds like a cliché but it is the truth. She was an amazing, intelligent, beautiful, unique, brave, charismatic, loyal and just an overall good person.

She was a good person. [ 6 ] She ended her victim impact statement with this paragraph: I could fill hundreds of pages with how rough things got and how hard things still are to this day, but I am hoping I have found a way to illustrate a small piece of the devastation Beverly's death has left behind. Her death was a tragedy and it was brutal and unnecessary and has broken more lives than you will ever fully realize. He stole our sunshine. He took someone's daughter, sister, aunt and friend. She was innocent. Her life was stolen from her.

I am so afraid that people are going to forget her; that they will forget who she was and what she meant to so many people. She deserves to have people remember what happened, to remember the fiercely loyal, beautiful girl with the million dollar smile. As for me, I just want my best friend back, even if it was just to hear her laugh, see her smile, or to throw one more fishing line in the lake in the sunshine. [ 7 ] Beverly's sister Ashley writes: The world was a better place when she was in it. She had a laugh that was from the heart; that could make anyone laugh no matter how upset you were.

She had warm brown eyes that just make everything okay when you looked into them, a face that would glow with

happiness and love and a smile that was contagious. Everybody has a person and she was my person; a person that is there in any situation good or bad because she wants to, not because she had to. I don't even know how to put into words what she was to me; a massive part of my world. [ 8 ] She talked a lot about how important Beverly was to her children.

She said, "What the world lost was a beautiful soul and I have lost that piece of my heart." Then she states this: When I try to put what I am feeling into words, it comes out all wrong, because I am so hurt and have too many things running through my head at once. But I have changed in every way there is to change. I don't trust anymore and emotionally, I am a mess. My kids think twice about things they would not before and my parents are completely devastated. The entire family has gone through something that has left us in disbelief and emotions we have no idea what to do with.

Life is a little greyer now that we lost such an important piece of it. I think about my poor babies that day. It will never go away what they saw and experienced and went through. [ 9 ] Kaidance, who drew a beautiful picture and wrote a poem, said this about her aunt: Me and auntie were like twins. We both liked to do art, read. We looked the same. We both loved nature and animals. She even had a room for me for when me and Zachary slept over. We really miss her. I wish I could start my life over.

It feels like ever since she has left everything has been different, like me losing my best friend, being lonely and having sad days. Auntie was like my best friend. [ 10 ] From Beverly's dad, Cyril: The loss of Beverly has affected my whole family and that has put me on high alert all the time. I think about Ashley. After me and my wife are gone she will be without her sister for ever and ever. I think about the grandkids missing out on the influence of their auntie. They loved their auntie dearly. I can't forgive myself for not being there to stop this from happening.

I love my daughters with all my heart and feel like there is a piece missing from my heart and it hurts all of the time. I want to put up a big picture of Beverly, but I can't because it hurts too much to know what my family has lost. All Beverly wanted to do with her life was help others by becoming a paramedic and now that has gone too. When Beverly was taken the whole world lost a special person. [ 11 ] And finally Beverly's mom, Christine writes: Beverly has big beautiful brown eyes and I think she could see your soul when she looked at you.

She had a smile that would warm the hearts of anyone who received it. Her laughter was contagious. Just hearing her laugh made you laugh. I really miss our mom and daughter talks. We spoke of many different subjects. I miss Beverly so much and I will love her even after I take my last breath. She was an amazing woman and a wonderful daughter. [ 12 ] Clearly a very special person was taken from this earth way too soon.

I thank you all for allowing me the privilege of reading your victim impact statements. [ 13 ] I must address a sentiment that was mentioned in several of the victim impact statements and that is the feeling that the justice system has somehow failed you with this verdict. Please know that a finding of not criminally responsible because of mental disorder is not a finding of not guilty nor is it a ticket to freedom. It is not, definitely not, a statement that your beloved Beverly's life is somehow worth less than anyone else's. It is a finding I made with difficulty based on the evidence that was presented here.

The finding consists of two parts. First that Mr. Dillon is responsible for the murder. There is no doubt that Mr. Dillon killed Beverly. But the second

part is the mental element. He did so because he was suffering from a mental disorder that affected his ability to appreciate the moral wrongfulness of his actions. [ 14 ] So is he guilty? Yes. Yes he is. Is he a danger? Based on Doctor Morgan's evidence I would say yes. Should he be released into the community? Well, you have heard both counsel here. You heard Doctor Morgan. No.

He will not be released into the community at this time and certainly not until any risk he poses due to his mental illness, which is at the root of his actions, I mean we all heard the evidence, nothing that he did made sense to right thinking people, is controlled. That was made clear by Doctor Morgan and please know that although it is called a hospital that Mr. Dillon will go to it is not the hospital that you may be thinking of. It is a secure facility. It is very much like a jail. In fact, there are probably less facilities there for him than in a jail. And you heard from Doctor Morgan.

I think he said you have to go through seven sets of locked doors to get into the ward that Mr. Dillon is going to be on. [ 15 ] I am mindful in passing this disposition that Doctor Morgan was clear that Mr. Dillon's prognosis is poor. He has been on medication since he was arrested and he is only in partial remission. In Doctor Morgan's view it is unlikely that Mr. Dillon will ever be released and if he is, he will always be supervised. He will always be monitored. In many ways this is a more severe sentence than if it took the normal course.

There is no mandatory period when parole has to be considered. [ 16 ] I know from being involved in the justice system for over thirty years that whatever happens in this courtroom will not bring any of you sitting here in pain any peace or solace. Nothing I do here will bring your beloved family member back. No verdict or sentence will ever fill the void in your hearts or in your lives. I came to the conclusion I did based on the evidence and the law and that is my duty and obligation.

So I hope in time that you and the rest of your family members will understand that and be able to come to some peace with that verdict. [ 17 ] Regarding the sentence and given the evidence of Doctor Morgan clearly as Mr. MacLeod said there is only one option available. [ 18 ] Mr. Dillon, stand up, please.

[ 19 ] Mr. Dillon you have committed the most serious crime there is. You viciously murdered Beverly McLeod and as you have heard here today, you have left many lives shattered. You are going to have to live with that. [ 20 ] Having considered the evidence of Doctor Morgan, I direct that you be detained in strict custody at the Forensic Psychiatric Hospital in Coquitlam. [ 21 ] In addition, Mr.

Dillon, I order that you have no communication directly, or indirectly with the following people: Ashley Brake, Christine Brake, Cyril Brake, Linda Leamon, Robert Leamon, Chandelle Leamon, Shawn Leamon, Noelle Strass, Kaidance Thomas and Steven Thomas. That means no contact in person, no letters, no texts, no phone calls; do you understand that? [ 22 ] THE ACCUSED: Yes. [ 23 ] MR. MACLEOD: If I might interject, My Lady, did you want to add Zachary Thomas as well, their son? [ 24 ] THE COURT: Zachary Thomas. Thank you. “The Honourable Madam Justice Murray”