害羞草研究所

Skip to content

Crime and punishing injuries: A victim害羞草研究所檚 ordeal

Once the external marks of a violent attack fade there害羞草研究所檚 more to contend with
web1_KathyBrain
John Smith害羞草研究所檚 nightmare started here on this street in downtown Kelowna.

It took just nine minutes to destroy the life John Smith spent decades building.

He was walking his daughter to school April 1, 2016, with her backpack slung over his shoulder.

害羞草研究所淲e had literally just stopped holding hands after crossing the road and he got us,害羞草研究所 said Smith, who asked to use a pseudonym for this article, due to ongoing fears of his assailant.

Using the backpack, a man who has since been identified by the courts as Marc Andrew Fines, pulled Smith toward him and repeatedly punched him in the back of his head. Smith turned around at some point and incurred countless more shots to his face.

Eventually he was overcome by the weight of the attack and fell to the ground where the beating continued.

害羞草研究所淚 don害羞草研究所檛 remember any of it, but I know what I害羞草研究所檝e been told,害羞草研究所 he said.

害羞草研究所淢y daughter watched the whole thing害羞草研究所 it was about nine minutes. They call it an attack on me, but I call it an attack on her. She was put in a position where she was helpless.害羞草研究所

As Smith was pummelled, his 8-year-old daughter stood silently in the middle of the street, fearing the attack would worsen or turn toward her if she said anything.

She wanted someone to stop and help, and eventually they did.

Some ladies came out of the Ellis Street Bliss Bakery and tried to chase him down.

Fines got into a grey Ford sedan, and tried to run them all down.

Mounties got wind of the attack and started to look for Fines. A Mountie who had been at the Queensway bus loop drove toward him and Fines allegedly rammed into his cruiser, accelerating before impact.

According to a press release from Cpl. Jesse O害羞草研究所橠onaghey the day of the attack, Fines then allegedly advanced on the stunned police officer from the open driver害羞草研究所檚 side window of his cruiser.

害羞草研究所淣earby construction workers were quick to jump into action to assist the police officer,害羞草研究所 said O害羞草研究所橠onaghey. 害羞草研究所淭hey aided the officer in controlling the suspect who was subsequently taken into police custody.害羞草研究所

The story made headlines across the city, largely for the violence against the Mountie and related heroics from nearby construction workers. What was lost in the police rendering was how significantly injured Smith was, and what it really means to survive a life-altering assault.

害羞草研究所淭hey made what happened to me sound like two kids fighting over a toy,害羞草研究所 said Smith, referring to police continually referring to his attack as a backpack theft.

害羞草研究所(From the attack) I lost my memories of my daughter as a baby and lost my memory of my dad and family. So now that I have a brain injury and mental illness where does that put me if he got off? I am happy one day and depressed the next. I just want my life back.害羞草研究所

害羞草研究所淎NYWHERE ANYTIME害羞草研究所π卟菅芯克鶟

Mark Fines was found not criminally responsible for his violent rampage through Kelowna.

The Criminal Code explains that while he did commit the acts he was accused of, it was 害羞草研究所渨hile suffering from a mental disorder that rendered him incapable of appreciating the nature or quality of the act or of knowing that it was wrong.害羞草研究所

Next Tuesday the matter will be before a three-person panel from the B.C. Review Board at the Forensic Psychiatric Hospital in Coquitlam, where Fines is being held.

Meanwhile, Smith just finished the victim impact statement that will be read at that hearing and it害羞草研究所檚 caused him to look at his life more closely. For one thing, he doesn害羞草研究所檛 like being called a victim, but given his helplessness in the situation the title fits.

Not long after the incident, Smith was asked to speak at an event about victims of violence. He told his story, and someone in the audience said he should be ashamed for taking his daughter out downtown so late in the evening.

When he told her the attack they suffered was at 8 a.m., in a neighbourhood surrounded by high-end condos the crowd went silent.

害羞草研究所満π卟菅芯克鶚Anywhere, anytime, anyplace, anyone 害羞草研究所 that害羞草研究所檚 basically how I look at attacks now,害羞草研究所 he said.

害羞草研究所淚t害羞草研究所檚 now an odd thing. I notice (potential safety threats) all the time. I saw a lady while I was walking downtown the other day and she was leaning into her car with her back facing the street and I thought, 害羞草研究所榶ou know, what an easy target.害羞草研究所櫤π卟菅芯克鶟

In addition to continually identifying where problems could arise, he doesn害羞草研究所檛 enjoy walking around his neighbourhood. That, however, is just the tip of the iceberg.

INVISIBLE DAMAGE

Smith doesn害羞草研究所檛 bear the physical scars of his attack, and is pleasant to speak with. There are no strange tics or behaviours that send up red flags.

But that doesn害羞草研究所檛 mean he害羞草研究所檚 OK. In fact, surface level normalcy is almost a disadvantage.

害羞草研究所淚 cry a lot. I get emotional easy,害羞草研究所 he said, explaining that he害羞草研究所檚 overwhelmed by the volume of tasks his brain has to sort through to do the simplest of things, like making coffee.

In the time since his injury he害羞草研究所檚 created plans that allow him to function, but if something goes awry it害羞草研究所檚 hard to recover.

Not long ago, as an example, he needed to get gas. The station he usually uses was too far away so he had to go elsewhere.

There the digital screen on the pump didn害羞草研究所檛 allow gas to flow until he answered whether he wanted a car wash, and he couldn害羞草研究所檛 process how to move forward.

As he felt the pressure mount he went into a car and Googled what to do on his smart phone, rather than speaking to the teenager in the store who would likely have been confounded by the simplicity of the questions.

It would have frustrated them both. This is why Smith actually has sympathy for his attacker.

害羞草研究所淚 can see why people who have brain injuries get tasered,害羞草研究所 he said. 害羞草研究所淵ou get used to independence, and as an adult you should be able to do certain things. It害羞草研究所檚 frustrating when you can害羞草研究所檛 do it and when people try to help it害羞草研究所檚 even more frustrating.害羞草研究所

AFTER THE HEADLINES

害羞草研究所淧eople have often asked me why I害羞草研究所檓 not angry at the guy who did this,害羞草研究所 Smith said.

害羞草研究所淚 mean, there is some anger there, but I害羞草研究所檓 not mad at him. I害羞草研究所檓 more mad at the system.害羞草研究所

For people dealing with invisible barriers like brain injuries or mental health problems, it害羞草研究所檚 hard to find the right kind of help.

He has a counsellor funded through victim services limited, but there害羞草研究所檚 been little to help with the life expenses that have piled up since the incident.

He didn害羞草研究所檛 have a job at the time, so he can害羞草研究所檛 get any wage loss supplement. Also, it will take a couple of years before it害羞草研究所檚 clear whether his brain injury is permanent, so he can害羞草研究所檛 get any assistance from that. He could get social assistance, but then he害羞草研究所檇 lose his rental assistance. While he treads water, he害羞草研究所檚 having a hard time finding a path forward.

害羞草研究所淭he attitude of service providers is, 害羞草研究所榠f you don害羞草研究所檛 come to us we害羞草研究所檙e not coming to you,害羞草研究所櫤π卟菅芯克鶟 he said.

Trouble is, he doesn害羞草研究所檛 know where to go because he害羞草研究所檚 starting life anew.

害羞草研究所淧eople think, 害羞草研究所榦h, he looks normal,害羞草研究所 so I must be high-functioning,害羞草研究所 he said. 害羞草研究所淭he less normal I look the more help I害羞草研究所檇 get, but then you get treated like that and I害羞草研究所檓 never going to get any help in that way.害羞草研究所

Someone once told him he害羞草研究所檇 be better off if he害羞草研究所檇 committed a crime. Then the system would wrap around him. The shortcomings of the system are why he害羞草研究所檚 sharing his story.

STARTLING STATISTICS

Roughly 80 per cent of Canadian prison inmates have sustained a brain injury, said Marcie McLeod, director of client services, for BrainTrust Canada, in Kelowna.

It害羞草研究所檚 no coincidence, she explained. Once a person suffers a brain injury they have to deal with everything from a change in personality to memory impairments, which can cause more problems.

害羞草研究所淏ut the biggest one is impaired judgment and inability to control impulsivity,害羞草研究所 said McLeod.

害羞草研究所淲e害羞草研究所檝e had clients who are in a store, who think, 害羞草研究所業 want some cheese害羞草研究所 and they don害羞草研究所檛 think of the consequences of taking the cheese.害羞草研究所

In some cases people are quick to anger or don害羞草研究所檛 have good control or emotional management, and that causes even more side effects, like turning to drugs and alcohol, and the downward spiral can continue from there.

害羞草研究所淲e talk about brain injury being an invisible disability,害羞草研究所 she said. 害羞草研究所淣obody can see you are struggling in your brain. All of our clients say, 害羞草研究所榠f you go in with a wheelchair, they would know what your disability is or what your challenges are.害羞草研究所櫤π卟菅芯克鶟

Trying to explain how your cognitive deficits play out害羞草研究所攖hat害羞草研究所檚 an invisible problem.

For their part, BrainTrust just tries to support clients as they navigate a new world.

害羞草研究所淓ven if it害羞草研究所檚 just a personality change, people maybe don害羞草研究所檛 have the patience to deal with other agencies or maybe feeling overwhelmed or over-stimulated by dealing with that many service agencies,害羞草研究所 she said.

While Smith tries to navigate his world, his family is doing what they can to help him get the financial support he needs. They recently started a GoFundMe titled where they further describe the challenges ahead of them.





(or

害羞草研究所

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }