害羞草研究所

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Mother, stepfather get 15 years in prison for death of six-year-old Port Alberni boy

Both Mitchell and Rykel Frank pleaded guilty to manslaughter in 2018 incident

TRIGGER WARNING: This story contains details of child abuse that may be upsetting to some readers.

A Port Alberni mother and stepfather have been sentenced to 15 years in prison for the manslaughter of their six-year-old child.

Rykel Frank (n茅e Charleson) and Mitchell Frank were in the Port Alberni courthouse on Thursday, May 16, where they were sentenced to 15 years in prison (minus the three years they have already served) for the 2018 death of Dontay-Patrick Lucas. Dontay was just six years old in 2018 when he was found in medical distress at the home of his mother and stepfather. He was pronounced dead after being taken to hospital.

It wasn害羞草研究所檛 until May of 2022 that Mitchell and Rykel Frank were arrested and charged with first-degree murder. In November of 2023, they both pleaded guilty to manslaughter.

Crown Counsel and defence entered a joint submission for 15 years害羞草研究所 imprisonment, based on a few mitigating factors害羞草研究所攖he fact that the Franks both pleaded guilty, the fact that they are first-time offenders with no criminal record and the fact that they both come from a 害羞草研究所渟ignificantly害羞草研究所 disadvantaged background.

But there were also a few aggravating factors: the degree of violence used, Dontay害羞草研究所檚 age, the fact that the Franks waited 害羞草研究所渉ours害羞草研究所 to seek medical attention for Dontay before his death and the fact that this was a series of offences committed over time, rather than one isolated incident.

B.C. Supreme Court Justice Michael Tammen described how in the months before his death, the Franks abused Dontay by biting him, hitting him, forcing him to 害羞草研究所減lank,害羞草研究所 forcing him to run up and down the stairs and forcing him to hang from his knees at the top of a door until he fell down. Dontay was also deprived of sleep, food and water at times.

In the early hours of March 13, 2018, a blunt force injury to Dontay害羞草研究所檚 brain caused him to have a seizure. The Franks tried to treat the seizure by putting him in the shower but he was not able to be revived. He was later transported to the hospital, where he was pronounced dead.

An autopsy found bruises 害羞草研究所渢oo numerous to list,害羞草研究所 said Tammen. The cause of death was blunt force head trauma caused by a combination of injuries.

害羞草研究所淏oth accused caused Dontay害羞草研究所檚 death by committing acts of wanton cruelty,害羞草研究所 said Tammen. 害羞草研究所淭his was a crime involving prolonged abuse with considerable violence committed against a vulnerable young person, with whom both accused were in a relationship of trust.害羞草研究所

Before the sentencing, Crown Counsel read a series of victim impact statements from members of Dontay害羞草研究所檚 family and foster parents. Patrick Lucas, Dontay害羞草研究所檚 father, described in his impact statement the way he fell into a 害羞草研究所渄eep depression害羞草研究所 after Dontay害羞草研究所檚 death, which led to him losing his job, his vehicle and his home. He isolated himself from his friends and family and ended up turning to alcohol.

害羞草研究所淚t was really my worst nightmare to lose a child,害羞草研究所 Patrick said in his statement. 害羞草研究所淚 have really bad days and hard days in March every year.害羞草研究所

Gladue reports on Rykel and Mitchell, who are both Indigenous, describe how they are both descendants of the residential school system and they both experienced significant abuse in their childhoods. They both developed alcohol problems in their teen years. Their poor parental models and alcohol dependency meant they were not 害羞草研究所渆motionally or mentally equipped害羞草研究所 to properly take care of Dontay, said Tammen.

Mitchell stood up and addressed the courtroom on Thursday, apologizing for his actions. Rykel, meanwhile, provided a written statement where she also apologized to Dontay害羞草研究所檚 family and the community that has been impacted by his death.

害羞草研究所淚 was afraid to ask for help because I was hurting,害羞草研究所 she said. 害羞草研究所淣ot asking for help was one of the biggest mistakes I害羞草研究所檝e ever made.害羞草研究所

After sentencing, several members of Dontay害羞草研究所檚 family stood up to address the Franks and offer their forgiveness.

害羞草研究所淚n order to let our little man rest, we need to forgive you,害羞草研究所 said one member of the family.

Dontay害羞草研究所檚 family gathered outside of the courthouse early on Thursday morning with friends, community members and other supporters. Haahuupayak Elementary School, where Dontay was a student, closed for the rest of the week to allow staff to support the family if they chose, spokesperson Martin Watts said.

Supporters carried photos of Dontay and performed a few songs in front of the courthouse before filing into the courtroom to hear the sentencing.

害羞草研究所淚t害羞草研究所檚 with a real heavy heart that we害羞草研究所檙e here today gathered,害羞草研究所 said Mariah Charleson, the elected Chief Councillor of Hesquiaht First Nation, of which Dontay was a member. 害羞草研究所淲e need to understand that it害羞草研究所檚 been over six years that Patrick, his grandfather, siblings and family are awaiting justice. We should have people crying from the streets. This is absolutely horrific.害羞草研究所

The Nuu-chah-nulth Tribal Council called Dontay害羞草研究所檚 death 害羞草研究所渁 tragedy and a great loss for the entire Nuu-chah-nulth Nation.害羞草研究所 In a statement released following the sentencing, NTC president Cloy-e-iis, Judith Sayers, said the Nation is 害羞草研究所渉eartbroken at the loss of this young soul,害羞草研究所 and said Dontay害羞草研究所檚 death has had a profund impact on Nuu-chah-nulth communities.

Les Doiron, NTC vice-president, said he hopes the sentencing provides comfort to those who have been impacted, and said the NTC 害羞草研究所渄eeply respects the strength of the Lucas family in expressing forgiveness害羞草研究所 to the accused in the courtroom.

Graham Hughes, a spokesperson for the Lucas family, said the brief gathering was all about supporting the family through their grief.

害羞草研究所淭here害羞草研究所檚 a community that does miss and grieve Dontay still,害羞草研究所 said Hughes. 害羞草研究所淗is death impacted everyone, from his school and his peers, to the people who worked with him, to his foster family. But most importantly, his biological family, who is still fighting for justice for their child.害羞草研究所

Despite the sentencing, Hughes said there are still 害羞草研究所渁 lot害羞草研究所 of unanswered questions when it comes to Dontay害羞草研究所檚 case. Some of the biggest questions, he said, are for Usma Nuu-chah-nulth Family & Child Services, which oversees Indigenous children who are in care. Dontay was in foster care 害羞草研究所渇or most of his life.害羞草研究所

But Hughes said the family also wants to know why it has taken so long for them to get justice. He drew a comparison to the Berry sisters in Oak Bay, who were killed on Christmas Day in 2017. Although the tragedy happened only a few months before Dontay害羞草研究所檚 death, . In contrast, it took four years for the Franks to be arrested.

害羞草研究所淭here害羞草研究所檚 a lot of injustices that have happened along the way to Dontay, in his life and in his death, where we are wondering how it could have happened, how many times he could be saved,害羞草研究所 said Hughes. 害羞草研究所淲hat are the things that can be changed so that this doesn害羞草研究所檛 continue? Ultimately, justice for Dontay becomes justice for all children.害羞草研究所

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Elena Rardon

About the Author: Elena Rardon

I have worked with the Alberni Valley News since 2016.
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