Why Can't We All Just Get Along?

Victim Kicked 'like a soccer ball'

COURTS

By Jane Sims, London Free Press

February 15, 2012 11:05pm

All he was doing was buying a sausage after a night out with a female friend.

"How did you get a girl?" asked a stranger in an orange polo shirt standing near the man at the vendor's stand near York and Richmond streets at closing time.

"I'm going to get with her," the stranger continued.

The man and woman tried to ignore the orange-shirted, dark-skinned man -- Marol Angou, 25, of London -- but the attack began.

The man was struck to the ground, then kicked in the head "like a soccer ball," assistant Crown attorney Jennifer Chalykoff told Ontario Court Justice John Getliffe.

The man was kicked at least 17 times as he was on the ground in the fetal position protecting his head and begging the attack stop. His female companion was struck by Angou's female friend, and punched by Angou twice when she tried to intervene, Chalykoff said.

Then he walked away.

Identification was the main issue in the case, but Getliffe convicted Angou Wednesday, saying he was convinced it was Angou who committed the random act of horrifying violence on a stranger on Aug. 20, 2011.

Angou offered alibis -- both soundly rejected by Getliffe.

"I simply do not believe him," the judge said.

Angou first claimed he was in custody at the Elgin-Middlesex Detention Centre after the victim and his friend saw Angou downtown after the attack and approached to make sure he was the man who assaulted them.

Once sure, they gathered friends, returned to where they found Angou, then called police.

An initial check showed Angou was in custody, but that was a clerical mistake.

He was at the jail the following day after he was picked up by police for causing a disturbance not far from the attack the night before -- and wearing the same distinct orange polo shirt he had when he attacked the man.

Angou's second alibi was he had been with a friend at an east London bar, met some girls and partied at someone's house.

But a check of the video surveillance at the London Housing complex where Angou's friend lived didn't support his story.

The male victim suffered serious physical and psychological injuries, but was able to recall the orange shirt, the dark skin and the man's accent.

Angou will be sentenced March 9.

---

The above article appeared in my local newspaper late last week and was of concern to me because the male in the article was one of the three that had attacked my husband and I in May 2008. He is obviously not too far removed from some savage and untamed animal as his repeated  behaviour continually seems to illustrate.  He obviously learned next to nothing during the twenty four months he sat in jail as punishment for his horrific actions against us. This much is very clearly apparent. 

If anything he seems to be mocking our Canadian judicial system at every opportunity, and is quite clearly not capable of owning any sort of responsibility for his actions. I'm fairly confident that this next sentence he will be receiving in a couple of  weeks time will be as effective as all of the others preceding this one. 

I wish I could believe that this most recent punishment will even go as far as being an actual representation of the crimes committed but I have so very little faith that this could even remotely happen no matter how tough the judges words might appear in this article. No doubt come sentencing day they shall be long forgotten and in their place there will be more rationalizations why we should allow the system just one more chance to attempt rehabilitation. Whatever...

Regrets, I've Had A Few

You know, when I went to bed the other night, I had every intention of going when I got up the next day, but in the end, I just couldn't go through with it. I really, really thought this was something I'd be able to do without too much thought, but I was so wrong. Now, I am also kind of mad at myself for allowing my fear and anxiety to get the better of me but at the time, I felt I had no other choice.

Last Wednesday, one of the three guys that attacked us almost four years ago had a court appearance because he had been charged with aggravated assault from an incident in August 2011. He allegedly assaulted a complete stranger who was attempting to enjoy an evening downtown with his girlfriend. The attack put the victim in the hospital, leaving him with a fractured cheekbone, a split upper lip and a black eye. A trial for January 4, 2012 had been scheduled for him. His co-accused, a female companion, had her day in court the first week of December of last year.  

The couple that had been attacked had been trying to get support from the community at large by asking for people to come out on these scheduled court dates in an attempt to try to fill the courtrooms for both of their trials. They were hoping to send a message to the judge  that people do care and do really want to see these people off the street. I couldn't agree more, plus I thought this was a brilliant idea, never mind the myriad of questions I have regarding why this animal is still allowed out to continue to commit these violent offenses repeatedly with no sort of deterrent.

At the last minute though, I got scared. I hadn't been in a court room since two of our attackers received their respective sentences from the judge for what they had done to us. Before we heard this though, I had to read my Victim Impact Statement aloud to the court and then had to listen to each of their attorneys give their final statements about their clients to the judge in a last chance grab for some leniency I guess. This particular day was a bit of a blur because I was so overwhelmed with everything that was happening, and suddenly, after impatiently waiting almost two years for this day in court, now everything just seemed to be moving so bloody fast! Even though I was paying very close attention to everything that was being said by anyone that had a chance to speak, it ended up just being too much information all at once - too much new info and new info I didn't realize at the time was quite significant.

For years, because of our addiction, both Jim and I existed on the fringes of the law. Even though we knew we were breaking the law every time we fed this addiction and had to purchase drugs, we still somehow managed to remain under its radar for all intent and purpose the entire time we were using. Other than purchasing this illegal substance on a very regular basis, we conducted ourselves appropriately the rest of the time. We both went to work every day, we maintained our family home where we raised two daughters - one ours, the other our foster daughter.  We paid our bills and did our groceries and volunteered at the girls' school and participated in life pretty much like everyone else for the most part. Yes, there were times when our finances were definitely on the shaky side, as was our behavior I've no doubt, but we didn't have to support our habit by participating in any additional illegal activity.

So, even after years of being on the peripheral, we really knew next to nothing about our criminal court system until our attack. I know that had we been better informed nearly two years ago, the Sentencing Hearing of two of our attackers would have been very different for me. It is really only now that there are things that were brought up that day that are now impacting me, and had I not seen that small news article about our third attacker there are things I would never even ended  up considering.

First and foremost, I don't understand why these obviously violent individuals repeatedly keep getting second and third and fourth chances. It is only now that the significance of these three individual's prior record is significant. On the day of the sentencing of the first two who attacked us, it was introduced that between both of them they had a total of 28 assault convictions as adult offenders - one had 15 while the other had 13.  Now they were 25 and 24 years old on the day of their sentencing and had been in custody since the day of the attack almost two years earlier meaning they were then approx 23 and 22 which further means they had managed to accumulate this total in less than five years. WTF? I don't even understand why either one of them was still walking around as free men on the day of our attack. These assault convictions aren't the end of their adult record either. The sum total of all their convictions since turning 18 was actually 86 - one had accumulated 42 adult convictions while the other 44. Again I have to say WTF? Two years ago, this significance alluded me but now it doesn't.

In fact, ever since seeing that story in our local newspaper a month ago about our third attacker, I can't stop thinking about the whole subject of rampant violence in our society and what we need to do about correcting this problem. Right now my thoughts are all over the place as I haven't had a chance to assimilate all of the new info my mind has seemingly had to process since then and am even now having trouble putting coherent thought down here.

TO BE CONTINUED...

Lean On Me

So I managed to get through Thanksgiving 2007 unscathed, and in fact, actually quite enjoyed myself. From here, my Mom and I started to meet every few weeks for coffee and a bit of a chat - always on neutral ground in a restaurant and in public. Initially it was a little bit awkward as it was just the two of us alone together without the benefit of others to insulate us. For me, the combination of this time apart plus close to two years successfully on MMT had mellowed me considerably so many of the things that seemed to irritate me so easily in the past no longer held the same importance or reaction for me.

Surprisingly, my Mother had become a very different person in the interim. Just prior to our reconciling, I had decided that being estranged from my Mother was not how I wanted to remember our relationship should anything end up happening to either one of us - heaven forbid. I didn't want to have regrets over something that could realistically be easily avoided not to mention repaired with not too much effort. I decided that there would be no point continuing to get annoyed with some of my Mother's traits never mind the fact that there was little hope of her changing her spots this late in her life. In my mind though there were a couple of things that I would not compromise on when it came to her treatment of me but I also was prepared to be honest with her and let her know exactly what I meant - no more passive aggressive behaviour on my part!

It seems that my Mom had missed me while we were estranged and must have made a decision herself to try to change her own behaviour. Just the fact that she would even attempt to do this for me was enough for me to now do everything in my power to ensure that our relationship would never derail again. Except for the rarest of rare bumps in the road, we have been rock steady ever since. I was also so glad that we ended up reconciling prior to the attack on Jim and I in May 2008 rather than after it. If we had been estranged at the time of our attack I suspect we both would have always wondered if this had been our only reason for reconciliation even if it wasn't at all. Now, though, we'll never be plagued with this question. Never mind the fact that since our attack my Mom has been a tremendous source of comfort, support and strength and everything else that goes with this whole ordeal. 

Couldn't or wouldn't ask for anything more now cause I don't need to. I've got it all.

peace, love and happiness...

It''s Like Christmas Early! - ALMOST

Finally after three years and almost eight months, we've received notification that we've got a hearing with our province's Victim's Compensation Tribunal, tentatively scheduled for February 9, 2012. Hopefully, this is nothing more than a formality although to be fair, I don't really know how the whole system works, and, in fact, their web site is not terribly forthcoming or informative. I certainly feel that we deserve some form of compensation considering everything that we went through and what we continue to go through. While we both now suffer from PTSD - Post Traumatic Stress Disorder - Jim also has to deal with numerous physical injuries as well as brain trauma due to their repeatedly kicking him in the head with their heavy boots. Fingers crossed that all goes smoothly. 

Seems like you can't get some good news without having to receive the opposite. One day last week while riding the bus, I picked up a copy of one of our local newspapers that had been left behind and as I browsed through it, I happened upon a story about a couple that had been attacked one night last summer while they were ordering some food from a street vendor. I remembered the original story from last August as I've become interested in others who are also innocent victims of violent crimes which this couple were. Completely unprovoked, a male and a female, both complete strangers to the victims, attacked them badly enough that the male suffered a broken jaw as well as other facial injuries and required hospitalization. The female was before the court last week where she plead guilty, while the male accused of this attack goes before the judge on January 4, 2012. Imagine my shock when I read his name. He was one of the three who had attacked us! The other two are still serving their sentences in a federal jail somewhere in Ontario. The third had sat twenty five months in our local jail and as he had been arrested prior to new legislation that removed the two for one credit that prisoners used to be able to claim, he ended up being released in May 2010 having "served" a sentence equal to 50 months. He had been under fairly strict probation conditions, plus he was to be under these conditions until May 2012, but I guess this is all relative. I plan on following up with his probation officer to see if I can get more detailed info about all of this. Right now, I am hoping to attend his trial next year but this will all depend how strong I feel emotionally. Will just have to wait and see. You can read about their attack and what they are trying to do to regain some form of peace via the link below.

Finding A Way To Fight Back

Three Years

It has now been exactly three years since we were attacked and Jim stabbed by three completely unknown and random strangers. In that time, our life has changed so very much. Most of the changes have turned out to be for the good, but not all. The changes that we didn't want or expect are the ones that we continue to struggle with, and do our best to overcome at the very least. Even though this amount of time has passed, there are still so many reminders of what happened that day.

After the first officer arrived on the scene, the paramedics and other support personnel were quick to follow. Everyone was wonderful to both Jim and myself. I would think that all of twenty-five minutes passed in total from the time that we knocked on the tenant's door to the time that the ambulance pulled out of the parking lot. Once things started happening, they started moving rather quickly. I know that it was just before 6pm when the ambulance left with Jim. I had wanted to be on it with him so very badly, but the police managed to convince me that I would be better served remaining behind for the time being as it was important that I give my statement while everything was fresh in my mind. In the end. they were probably correct. Jim was taken into surgery immediately, and even if I had gone directly to the hospital, I still wouldn't have been able to see him until he was out of surgery which turned out to be close to 1:30am Tuesday morning, or almost seven and a half hours after he left the apartment building in the ambulance. At least while I was giving my statement to the police, I didn't have time to dwell on anything else!

It took almost two hours for the officer to take my statement, but then, I was able to remember quite clearly almost everything that had just happened. I've always had a pretty great memory and it certainly didn't disappoint me this time. I don't know how great my recollection would have been had they waited to take my statement, and now, in hindsight, I am glad that I didn't have to test it. The officer was utterly fantastic, which was quite surprising considering how old, or young as it would be, he was. He couldn't have been much more than twenty six, and by the initial look on his face when he had first arrived on the scene, hadn't been exposed to too many gruesome sights as yet. I am a smoker, and he allowed me to smoke while I gave my statement - I had to sit in the back of his police car so I imagine that allowing anyone to smoke in there was fairly rare. He was patient as he took down all of the details. Midway through, I could hear quite a bit of excited chatter coming through his police radio. Suddenly, he stopped to pick up his radio and rapidly jumped out of the car, calling back to me that it looked like they had managed to get one of the three attackers. Even though he had rolled the window down for me earlier, there was no way for me to leave the car on my own as the back doors automatically lock. I could do nothing but wait for him to return.

About fifteen minutes after he had bounded away from the car, he returned all excited. Apparently, they had managed to capture one of the three not too far from our building. He had been hiding across the street behind another apartment building's large green generator. The officer said that while he had somehow managed to change his clothing, he had forgotten to change his socks which were completely covered with Jim's blood. I guess he resisted somewhat as the officer said that in the end he had to be hogtied! Imagine that. Once back, we picked up where we had left off. I managed to finish my statement just prior to 8pm. Even though the police had offered me a ride to the hospital, by then one of my friends had managed to show up so her boyfriend was able to give me a lift. In the meantime, Sara and Katie had gotten to the hospital and were waiting for me to get there. When I arrived, they told me that Jim was in surgery, his second one since he got there! 

Initially, they had taken him into repair the two and a half inch gash on the right side of his throat as that had been the most obvious injury. It wasn't until he was out of that surgery and upstairs getting an MRI - I believe this is what was done next - that they noticed he had an immense amount of internal bleeding.  It was discovered that both his liver and spleen had been lacerated badly, plus one of his lungs had been punctured and since collapsed. It was this second surgery that ended up lasting the longest, and from reading his medical report which we had to request for our lawyer, I finally discovered just how very serious and how very touch and go, this had all been. 

TO BE CONTINUED...

Condemnation Part Two

The day of our attack and Jim's stabbing was pretty uneventful. It had been a quiet, lazy day as most middle of the month days can be in apartments. Nobody moving out, nobody moving in. The weather was nice so there was little physical work to do outside. Most of Jim's current work orders had been completed and any administrative tasks had been dealt with by me earlier in the day. Just before five that afternoon, I stopped into say goodnight to the girls that worked in our Regional Office. While I was in there chatting, the Office Manager asked me to check on one of the units on the sixth floor as they had just received a noise complaint from one of their neighbours. I left the office immediately and jumped on the elevator which took me up to the sixth floor in no time. Even before I got off the elevator, I could clearly hear audible sound coming from down the hall. There seemed to be what appeared like loud crashing noises being made as heavy furniture or items came crashed to the ground after having being thrown into the air.

I knocked fairly loudly on the unit's door while announcing myself clearly at the same time. After a brief hesitation, the door opened to reveal a young, black male in his early twenties. When I asked to speak to the tenant, he advised me that she wasn't home at the moment. I asked him if he knew why I might be here, and he answered that he did. He also told me that they were all getting ready to leave as they had just called to request a taxi to collect them. I thanked him for his time, and reminded him that it was the actions of himself and his friends that would reflect positively or negatively on the tenant as she was responsible for any of her guest's behaviour, whether she was there herself or not. He apologized to me, promising that this would be the end of it. While I was talking to him, I took the time to survey as best I could the state of the unit. I noticed that a book shelf had been overturned, as well as the sofa and coffee table. This would explain the loud thumps I had previously heard to be sure. While I was only able to see two others while I was standing at their front door, I could not help but notice that both were most definitely under the influence of something. Regardless, there wasn't much more that I could do so I thanked the young man that had answered the door and returned to my own apartment which was located on the main floor at the time of the attack.

By the time I got back to our apartment, it was close to twenty past five which meant for all intents and purposes we were finished work for the day. Jim and I were getting our jackets on when our phone rang. It was John from the sixth floor and all he said as way of introduction was "They're at it again." I asked him if he would call the police as they could only receive a complaint of this nature i.e. a noise complaint from another tenant and not the property's owner or representative. He responded that he "couldn't be bothered" but he still expected Jim or myself to do something about the situation, and to do this immediately! If it had been any other tenant, I most likely would have ignored the complaint but because it was from this particular tenant, I knew that if neither one of us responded that he would most definitely submit a complaint to our Regional Office regarding us. I also knew that he would be peeking through his own door waiting for one of us to return to the unit in question. With all of this in mind, I grabbed Jim to come upstairs with me figuring that as soon as we'd dealt with the complaint, we could be on our merry way to do some shopping at the mall!

If only we had managed to get that far. We both could hear a bit of noise as we stepped off of the elevator but nothing like I had heard earlier. This time Jim placed himself directly in front of the tenant's door while I stood slightly off to his left. He knocked a few times with authority, but didn't have a chance to announce who it was. We both heard the deadbolt and lock just prior to the door opening up. Literally the second that the door opened and without any sort of warning, a fairly large fellow jumped across the door's threshold and pushed Jim extremely hard across the hall and against the door to the opposite unit. Our building has proper fire doors which are by nature extremely sturdy. When the back of his head hit that door, I could literally hear his skull cracking. It not only seemed like such a loud sound but the only sound. Jim was immediately knocked out and didn't end up regaining consciuousness until the beating was near its end. In short order, two other pretty big fellows came running out of the apartment.

At one point, one of the three assailants took a moment to push me off to the side, otherwise all three of them were intent on savagely attacking Jim. It was utterly incomprehensible in so many ways. They all seemed to be following the lead of the first fellow to attack, and were mimicing everything that he was doing.  If he was pummeling Jim with his fists then so were the others. If he was jumping in the air and kicking Jim with his heavy boots, then so were the other two. It was deeply upsetting as I felt complete helpless and useless. I didn't know what to do after my intial attempt at jumping on one of the attacker's backsides, in the vain hope of distracting him, had been quickly and effortlessly stopped! From a great distance, I could hear my own voice screaming at them to stop, that they were killing my husband and that I didn't understand why they were even doing this to us. My brain couldn't seem to remember how to dial for emergency services although my fingers somehow managed to dial 911 all on their own. It wasn't until I managed to barely hear a distant voice offering assistance that I even realized what I had done. The kept repeating that I needed to tell them where I was in order for them to send any assistance. Eventually I managed to get my cell phone to my mouth, and was coherent enough to obviously offer our address to them.

Probably the entire attack lasted all of two minutes, perhaps a bit longer though I honestly can't say. Near the end of the attack a fourth fellow came out of the unit and actually attempted to help me and Jim. He tried to pull the others off of my husband in an attempt to get them to stop. When the attack first started, I was absolutely convinced that they were not going to stop until Jim was dead. That's what it looked like to me. I had never witnessed anything so utterly savage and out of control as these three lads appeared to be to me. Then as suddenly as it all started, it seemed to end. I don't know at what point the four of them made the decision to stop or even why they made this decision. All of a sudden they seemed to have taken flight, and just as quickly, were gone from my sight. I couldn't even begin to tell you which direction they took or how they even managed to get off of the sixth floor. The moment that they were gone, the only thing that I could see was Jim, and the state that they had left him in. I couldn't get over how much blood there was. It seemed to be everywhere. It was soaking through the carpet rapidly and there was so much of it, you could actually see where everyone had stood as footprints had been left behind. There seemed to be an equal amount of blood all over the door and wall behind Jim as well as all over both of us. We were covered.

At that point neither one of us was aware that a weapon had been used. I never say the knife and Jim said that he never felt it. It wasn't until the first police officer had arrived on the scene that a weapon was even mentioned. He noticed something peculiar about Jim's jacket and t-shirt - if you can believe it, Jim was actually wearing a red jacket and similarly colored t-shirt at the time of his attack !!! By this time Jim had regained consciousness but was having an extremely difficult time talking and breathing. We would later learn that this was a result of one of his lungs being punctured and subsequently collapsing at the scene of the attack. After closer examination, it looked like he had approx seven decent stab wounds on his left upper arm, five on his upper back, four throughout his head, six on various parts of his chest and one dangerous looking wound near his throat on his right side. They had managed to literally split his forhead in half. There was a constant stream of blood flowing from this wound. All in all, he did not look in very good shape.

TO BE CONTINUED!!!

 

Condemnation

It's been almost three years since Jim and I were attacked, and Jim stabbed multiple times, while at work. Even after this amount of time passing, I still find it rather difficult to talk at length about this event. Just thinking about what happened that day still feels so surreal to me, almost as if I am watching it happen to somebody else and not myself. I have pretty much avoided even mentioning that day if at all possible in any of my entries. The few times that I did bother to reference the attack, I pretty much made sure that this is done in passing and as casually as possible. Immediately following the attack, I was still so much in shock that it was relatively easy avoiding this topic. Even today, I find it difficult to wrap my head around what ended up happening to us that Monday afternoon, and how, almost three years later, we are still suffering from the events of May 12, 2008. Now, though, I feel I am ready to share all of the details and specifics of this attack and stabbing that has been so absolutely life altering to me and my family - kind of mind boggling what can end up happening in what was probably no more than two minutes in length!

At the time of the attack, Jim and I were Building Managers for one of the larger high rises in the city. The building we were responsible for looking after had always been a pretty quiet and peaceful one. In the half year that we had been there, there had been no unusual or significant events that stood out as particularly unusual. Pretty much a gravy job all in all. Jim and I shared a single position so to speak, and we divided our duties accordingly. For the most part, I did all of the administrative work related to this position such as rent collection, maintaining building's rental ledger and ensuring all vacant units were in "rentable condition" et al , while Jim looked after all of the physical aspects i.e. cleaning and maintaining all common areas of the building, garbage and snow removal and any unit repairs as required.

Obviously, being a Building Manager of a reasonably large apartment building - 96 units over eight stories - you can absolutely be assured that there will certainly be some very special moments, not to mention a stereotypically odd assortment of characters residing within these eight floors. Some days were definitely easier than others, as were some tenants, but all in all, we knew we had it pretty easy. The majority of the tenants were easy to get along with and undemanding at best. Everyone seemed to respect each other's space so intervening in tenant disputes of any kind were practically non-existent. For the most part, I rarely found any of our tenants irritating or annoying, but like everything else in life, there will always be an exception to the rule!

The exception of our building just happened to be one of our sixth floor tenants who had lived in the building with his wife and two young sons about five years at the time of our attack. Where all of the other tenants were a joy to interact with, he was the complete opposite and then some. You could count on hearing from him on a daily basis, even on weekends and after hours which were normally supposed to be free of any work related issues, not to mention your time off and away from work! John, as he will be referred to from now on, would literally be waiting on the main floor for one of us to unlock our office bright and early every morning without fail. There was always some important nugget of information that he felt compelled to share with us without delay. It took every bit of self control not to over react and lose it on him. I don't think I've counted to ten as often as I had during those six months. Jim and I eventually learned how to effectively deal with him so that we were able to minimize any interaction with him while leaving the impression that we were taking everything he said seriously and then acting appropriately. It took a bit of time and finesse but in the end we became extremely adept at handling this particularly loathsome tenant!

Now, to compound issues somewhat, the Regional Office of the company that we worked for just happened to be located in one of the empty units on the first floor of the building that Jim and I both lived in and were responsible for maintaining. As well as annoying us on a daily basis, he also paid a visit to the girls working in the Regional Office every day. You have no idea what an utter treat this one tenant could be, never mind how much crap we were expected to suffer because of him, but suffer we did. At the end of the day, he was nothing more than a bit player in the bigger, more important picture - or so I thought. Work is work is work, and most of the time, it didn't come home with me - so to speak. Obviously, when you work where you live and live where you work, it tends to be a little bit more difficult to keep the two separate, but this is certainly not impossible. I always ensured that there were very specific boundaries created with the tenants, and then, made sure that they were all very much aware of what these boundaries were. John would prove a bit challenging to these boundaries, and ultimately, because of him, Jim and I would find ourselves in a most untenable work situation!

TO BE CONTINUED!!!

No Longer A Pain I’m Used To…

Finally, there is an end in sight to what I hope to be one of our final legal matters relating to our attack of a couple of years ago. The wheels of justice do indeed turn slowly at times. If anyone needs a refresher on circumstances and events relating to this, you can read my initial entry from August 2008 and then this one from October 2010.

Although, I am somewhat reluctant to call ourselves victors, we did receive word about two weeks ago that our employer had decided to settle this matter now rather than take the next step which would have been a proper hearing initially scheduled for June 2011. Thank goodness we didn’t have to wait another eight months to have our day and say in court, although we were fully prepared to go the distance if that’s what it ended up taking. Whew.

We had been hoping that they’d end up settling after what had happened during our initial meeting with the Judge from Small Claims, although we half expected them to dig in their heels even though they were so in the wrong in this case. Have to admit, though, that our initial mediation hearing almost ended up disastrously for us. Their Statement of Defense was riddled throughout with outright lies although they didn’t remotely seem to care – in the end the burden of proof would have ultimately been up to us and until this mediation they had been very cavalier about the whole thing arrogantly thinking we had nothing – they were so wrong.

We ended up being very lucky with the Judge we happened to draw for that initial mediation as the courts only allocated a half an hour of time to hear both of the sides. Our employer initially took the lead as the first words out of the Judge’s mouth to us were how frivolous our claim appeared to be with no apparent merit. Jim and I looked at each other in near panic and despair. WTF?

Thank heavens we had legal representation not to mention that Jim managed to quickly pick up on the fact that their lawyer had been presenting this matter as some sort of landlord tenant issue when in fact it was nothing of the sort. When it dawned on Jim what they were doing he instinctively blurted out his disgust and after we all recovered from our initial shock, you could actually see the Judge’s whole demeanour completely change. By the end of those thirty minutes, he had been completely won over to our side – mostly because we had a very legitimate and valid complaint against our employer. Whew!

Even after their legal representative was duly chastised by the Judge for his and the company’s appalling behaviour in light of the seriousness of our injuries while performing our normal job duties, he was incapable of making a counter offer to us that day. We had been prepared to settle for half of our original claim if we could wrap it up then and there. The Judge gave 30 days for their response to our offer and strongly suggested that the matter should really be settled then and there as if we proceeded to court, he felt they didn’t have a hope of winning even if we failed to come up with an ounce of proof of our claim. He said we’d win on the sympathy vote alone! Of course, they managed to wait the full thirty days before they responded to our offer.

We still haven’t received payment yet although we signed the paperwork 12 days ago – I guess they have 14 days to issue the cheque from that date. We never imagined we were going to get it any earlier than this anyway – certainly not based on their previous treatment! Still, it will be nice to have that bit of extra money as we enter the Christmas season that’s for sure, so regardless of when it arrives, I’ll certainly be happy!

peace, love and happiness…

P.S. I am now down to a daily dose of 22mg methadone. How cool is that? No ill effects either!

A Pain That I’m Used To Is Almost Done

Just over two years ago I posted A Pain That I'm Used To concerning an uncomfortable situation that had developed with my employer a couple of months after our attack and Jim's stabbing. After all of this time though, we are still dealing with its aftermath although I am hopeful that this will all come to an end fairly shortly. Now, unfortunately, having to go to Small Claims Court to reach some sort of settlement has to occur. This part of the whole ordeal is something I'd like nothing more to avoid, but no such luck. A number of months ago we finally retained a lawyer to help us out, she's been briefed with all details of our situation, all necessary papers have been filed with the court and all necessary statements of defense from our employer have also been filed. Nothing else left to do but show up for court bright and early Friday morning. GULP.

For the short version, we are basically suing our employer for approximately $7500 because they disposed into a large dumpster in front of our apartment building, about twenty or so of our personal possessions and furniture without notifying us in advance. When we attempted to confront them about this matter, we continually received their cold shoulder. They refused to offer us any sort of explanation or apology for their actions against us. We didn't pursue it at the time for a number of reasons. It was so soon after the attack that fear was the overriding emotion driving pretty much every aspect of our lives. We didn't realize that we could actually do something about it. We couldn't afford legal representation for this matter two years ago. And so on…Two years on, our situation has changed on all fronts so once we discovered that we could, indeed, pursue them to attempt to recover our costs for this debacle, we decided we'd be fools for not moving forward. Although we did have to give our lawyer a $2000 retainer, if we are successful then all costs will have to be paid for by our employer.

For the long version, the following is the text of the original entry from August 2008:

Some things stay the same; some things never see to change. As the months pass by since Jim's attack and its savagery seems to fade from some people's minds, the more difficult it seems to become for us regarding our work situation. Immediately after it happened, everyone from the office staff here in London right up through to the VP of Operations in Toronto couldn't get to us fast enough with promises for our physical, emotional and financial security. Now that three months have passed since this incident almost all of their promises seemed to have fallen by the wayside. The only thing that I am not really worried about – yet – is our physical safety. We still have a beautiful roof over our head which we do not have to pay for as well as having all of our utilities looked after. Right now that is all that we seem to have. This fact is disturbing to say the least.

All of our forms were to have been filed and completed, etc. for a Workman's Compensation claim for what happened to Jim and any forms that we were responsible for have been submitted. When I last spoke to the head of Human Resources of the company about a week ago, she mentioned that the company would no longer be paying us but that WSIB would be taking over from now on. Now when I spoke to WSIB earlier today, they advised us that our claim had been rejected because our employer had not submitted a series of forms. Fit to be tied at the moment mostly because I wasn't able to actually speak to someone at WSIB but had to leave messages on two separate answering machines there. GRRRR. Of course when I called through to Toronto, I could only reach voice mail in the HR department. Oh how very, very typical.

I wouldn't be quite so insane about all of this if something awful hadn't happened here in London with my Regional Manager almost three weeks ago. Shortly after Jim's attack, we moved into our current apartment because no one in my family was feeling terribly secure living on the ground floor of the apt building. Now since Jim was still recovering from near life threatening injuries, he obviously was unable to move any of our furniture or stuff up here. Naturally, one of my daughters managed to break her arm barely a week after Jim's attack so she was also unable to offer much help or assistance. That left just me and Sara who barely weighs a 100 pounds on a good day! Naturally, it was tough carrying some of the heavier stuff for us so a few items were left behind in our old unit. I advised the office of this and apparently it wasn't much of an issue until the time came when they needed our old unit.

The weekend after I was notified that they were going to need our old unit, I moved everything except for one couch out of it. This left behind couch was a monster to move so I had to leave it. When I talked to my boss she said that was no problem that she would get some of the maintenance guys to help. I waited for a number of days and no one came to help. One day Sara's boyfriend was over and we managed to get it upstairs and into the hall of the fourth floor. Could not get it into our unit no matter what I tried. Finally the head of maintenance showed up to help me but no matter what he couldn't get it in either. This couch just also happened to be near brand new. We had had it only a month. Looked like we were going to have to trash it which was a darn shame. Because I had been waiting to get this couch inside before I moved a few more of our other articles in, I stashed some of our stuff in an empty unit which just happened to be located directly beside our current one. This is also standard practice if you happen to be a Building Manager of an apt building – you tend to take advantage of empty units and store stuff in them on a regular basis. This is done by near everyone and is not remotely unusual.

I had mentioned to the office about this furniture being there in the empty unit also but for some reason my Regional Manager decided to take it upon herself to have the contents of this unit emptied into the dumpster out front of our building. There was a lot of stuff of value there also. Why she didn't mention that she was going to do this so we had a chance to move it into our unit or get rid of it ourselves, is a mystery to us. Even after talking to her about it, she had nothing to say regarding her reasoning. I am so sick of everyone telling me that whenever I need help while Jim is recovering to just let them know and then when the actual time arrives, nothing at all. It is beyond insulting. What is really terrible about the whole thing is that when we went to check the dumpster not all of our stuff made it there. Any of our electronic equipment seemed to be missing. When we asked about this, we initially got a whole bunch of different answers until someone obviously started to feel a little bit guilty cause somehow some of this stuff was located – sitting in the paralegals office getting ready for her to take home!

Excuse me? How awful is this? You're stealing from someone not only that you work with, but also from someone who has already had a series of horrific stuff happen to them, someone who's interests that you in your position should be guarding. Insane. I wasn't going to get the police involved but on our last visit to the specialists we mentioned what had happened and one of the doctor's took it upon herself to call the police. I guess that she is a fairly good friend of the detective handling the attack. The police feel we have a fairly strong case for theft, etc. So far I have given a statement but I haven't had them approach anyone in the office yet regarding this although after today, I plan on giving the go ahead. I've also given everyone enough time to return all of our electronics and even though I've received assurance that we'll get them back, we still have not.

Following is a list of the items that we ended up losing – that I can remember so far because I know that there is more but probably won't know something is missing until I go to get it.

• antique sewing table w/antique Singer sewing machine
• walnut dresser w/five dresser drawers
• all components to construct our bed frame i.e. slats/foot board
• Sklar Pepplar arm chair
• creme coloured leather love seat
• creme coloured leather arm chair
• 20″ tv set
• 17″ flat screen computer monitor
• 17″ computer monitor
• dvd player
• large collection of various types of cables for use with computers
• digital camera w/case
• laptop computer w/leather case
• collection of electric helicopters plus their accessories
• all of our winter coats – four individuals for a total of eight coats
• six fabric laundry sacks of clothing primarily Jim's winter clothes
• all of Sara's bed linens including comforter, three double sized blankets, set of curtains, sheets, pillows
• two extra-large Rubbermaid storage containers w/hinged lids w/contents removed
• misc. hand held tools
• two basic desk chairs

My Ship Has Arrived!

Well, thank you very much indeed! And what a way to start a long weekend. Have just returned from the regional office as I had been called earlier with the request I come by there at 3pm. Our Regional Manager was in town for a few hours today - he lives in Ottawa and I am in London - and wanted to meet with me. GULP!!!

No bad news, only good. He wanted to personally give me a cheque in the amount of $6600 to cover the cost of our prescriptions over a 22 month period that we had originally come out of pocket. Methadone here costs both of us $300/month so multiplied by 22 equals a whole freaking lot! When we went on WSIB originally the company cancelled our benefit coverage which they so were not supposed to do. By law, an employer must cover their employee for one full year from the date of the accident. Ooops. They didn't. My company went even further and covered the entire period that I was off as a gesture of good faith. Good faith indeed!

Right now we couldn't be happier.

peace, love and happiness...

sickgirl

Victim Impact Statement

If anyone is interested, the following is my Victim Impact Statement which I read to the court the day that two of the three accused were sentenced. One of the attackers received 8 years while the other received 7 years. Very emotional day to say the least.

"To completely articulate the impact that this attack and stabbing of Jim has had on us is really most overwhelming and near impossible. You would think that twenty one months would be more than enough time to complete this task, and in my head, I’ve easily written my victim impact statement at least a thousand times now, but when it finally came time to get serious about it, the task felt daunting at best. I wondered how I would be able to adequately convey the physical, emotional and financial traumas we were forced to suffer because of this event. The physical, emotional and financial impact that this attack ended up having on me has forced me to live a life I barely recognize anymore and become a person I don’t know.

In Sept of this year, Jim and I will have known each other thirty years – he was 14 and I was 16. For most of this time, he has been an integral part of my life. Both of our personalities just clicked and in no time, we had forged a strong friendship. Right away I knew he was someone that would always be an important part of my life. He made me laugh and cry and angry like no one had before or since. He was someone I knew I could always trust and depend on him no matter what. He made me feel safe and secure and gave me self-confidence and poise as a result of this. To me he was fearless.The day of the attack called all of what I believed into question. Everything I thought I knew was ripped away. This fearlessness, boldness, audaciousness that made up a large part of Jim and myself was torn from us that day. We are, and continue to be, in therapy because of the attack. Since the attack, I have had feelings of total loss and disparity. I have not really slept a full night. I require medication to assist my sleeping. I now have panic attacks and flashbacks that causes me to freeze. I have a fear of people in general. I will cross the street, rather than to meet and face people. I now have fears of something terrible happening to another family member, and am fearful for my safety and the safety of my family.

The attack itself was frightening but them to have to wait for hours to hear how Jim was doing was doubly so. He was so severely injured that he required over six hours of emergency surgery. I didn’t get to see him until close to 1am the next day. He was unrecognizable hooked up to all of the hospital’s machines. His body was bloated and initially he was unable to breathe on his own. He looked like the Frankenstein monster with staples all over his upper body, face and head. It was just short of a miracle that he even managed to regain consciousness and then finally return home. His physical recovery has been slow to say the least, but I will let him speak to this.

It has been our psychological recovery that is taking its time and toll, as well as the financial difficulties that have resulted because of the attack. In many ways, this has been harder than the physical and emotional recovery especially as none of this financial duress was a result of our own making. For something we had zero control over as well as nearly having to sacrifice a life for, it has been unduly stressful. It certainly has been a very bitter irony that one of the more dramatic consequences of the attack has resulted in affecting our family’s bottom line. While it is fairly easy to give a dollar value to our loss of income over these past twenty-one months, it is slightly more difficult to calculate other monies lost as a direct result of this attack.

As the attack occurred while we were fulfilling one of our job duties, our immediate supervisor was able to submit the appropriate forms necessary for us to qualify to receive Workers Compensation. Its another issue entirely though that the company we work for delayed almost three months in actually doing this. As neither Jim nor I were able to immediately return to work, we both began to receive Workers Compensation benefits which equal approx two thirds of our normal salary. Now, as part of our compensation package with our employer, not only did we receive our own two bedroom apartment, we also had our telephone, cable and internet paid for by them. Once we started to receive WSIB, our employer no longer covered the cost of the above. It was now our responsibility. So suddenly, not only were we receiving about a third less pay than we were used to, but from this reduced amount, we now had to cover these additional expenses of over $1000/month. This added stress is just one more thing that we’ve been forced to deal with because of the attack.

It hasn’t been just Jim and myself that have suffered because of the attack. Both of our daughters were teenagers at the time of the attack and as much as we tried to shield them from its effects, this proved impossible. They ended up being greatly affected because of the emotional and financial stress weighing heavily on me. While Jim and I attempted to adjust to each new change as it presented itself, I found myself getting increasingly angrier and bitter with our circumstances, and these feelings were then that much more difficult to hide from the girls. I was overwhelmed with feelings of self doubt and started to feel that I was failing them as a parent. I started to fall into a depression especially as relationships with my daughters started to change.

I have also just recently discovered that I may face yet another obstacle as a direct result of this attack. Currently, I have no job to return to as it has just been phased out of the company that employs us both since the beginning of the new year. Once again, we are victims not of our own making. Certainly, this will no doubt present another fairly large financial challenge to us – now just one of many. I really had begun to believe that we would soon be able to start to put all of this behind us, to make it a thing of the past. Yet, this seems near impossible as we seem to be faced with additional obstacles far too frequently.

Certainly the therapy that I continue to receive for my Post Traumatic Stress Disorder at Victoria Hospital has greatly benefited me, and is starting to alleviate a number of my symptoms. Jim has also started therapy with a different therapist and I believe that he too is finally starting to feel some benefits. Still, this offers only small comfort. Yes, we are all starting to heal, but in the end, this attack has fundamentally changed me as a person as well as the way that I now look at the world. I no longer recognize my reflection in the mirror and am not the person that I once was, or will ever be. This experience has so altered my life forever, as well as how I view life.

"

I Can Almost See Our Ship On the Horizon...

In another couple of weeks, it will be two years since Jim ans I were attacked, and Jim stabbed. In many regards, this event seems like it happened a lifetime ago, while at other times, it feels like only yesterday. To say that its been a challenging two years most certainly is an understatement. Yet, at the end of the day, no matter what we've had to go through, both of us are still standing and standing fairly darn strongly! Whew...anyway.

Financially, these past two years have certainly been some of our hardest, and there have been so many times when I have absolutely felt utterly gutted by it all. So, what does one do? What can one really do but soldier on? Apparently, this was the right thing to do, and when they say that good things come to those that wait, they may very well be spot on. Found out today that WSIB made an error in the disbursement of some of Jim's benefits and that they have corrected this error by putting a cheque for $6 500 in the mail to us as of yesterday. YES!!! We also found out on Wednesday that the company that looks after group benefits for the company we work for also made an error and will be correcting this very shortly - this was a $6 900 error by the by!!! So by the end of next week, our bank account will have over $13 000 more than it did this week. Thank you very, very much.

Don't get me wrong. No amount of money will ever be able to erase the events of two years ago, nor even begin to compensate us for what we've had to endure. This is so not the way to go about receiving money, but at the same time, I've not got so much pride that I'll refuse it either. HELLO??!! All this means is that we'll be able to finally start replenishing our savings account that we were forced to drain while waiting for our WSIB to kick in - thank heavens we ended up having a bit of a cushion to deflate back then as we would have been so royally screwed.

So, starting our weekend off on a bit of a high note floating through the rest of my Friday.

MAN ADMITS TO STABBING

The following article appeared in our local newspaper less than a week ago. The article provides a bit more info concerning the attack on us and the stabbing of Jim from a year and a half ago. In preparation for his sentencing hearing scheduled for the beginning of February, 2010, I've started to work on my Victim Impact Statement so that I can read it to the court on that day. Jim is also going to prepare and read one, as are both of our daughters - both of them came to me and asked if they would be able to do this as well, so of course, I agreed. This was very much a surprise as I had never intended to ask either one of them to go through this for us. Obviously, we are touched that they want to do this for us - our intentions originally had been motivated so that we could attempt to keep our babies shielded and separated from all of this ugliness. Have always said that they are made of strong stuff indeed.

The recent article is accurate except for one detail. It states that he had a 15-centimeter cut to his arm. This 15cm injury/scar actually appears on his chest, and was a direct result of the emergency surgery he had to have when the doctors cut him open to repair both his liver and lung. Anyway, if you are at all interested, you should be able to check out the original article for a few weeks RIGHT HERE. In case it expires, the following was printed:

By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 10th December 2009, 11:07am

The noise coming from the sixth-floor apartment was too loud for the neighbours. That's all the superintendent wanted to tell the people inside the Wonderland Rd. apartment in London when he knocked on the door on May 12, 2008, at about 5 p.m. 

What would happen next would threaten his life and leave him with lingering injuries. Three men ran out of the apartment, pushed the superintendent to the floor and began punching, kicking and stabbing him. P****** F*******, 25, pleaded guilty in a London court to aggravated assault for the stab wounds that punctured the man's lung, lacerated his liver, and left him critically injured. 

F******* is one of three men charged for the attack. He, along with his brother L*******, 24, and M*******, 22, had already begun a preliminary hearing in October. F******* has been in custody since his arrest in downtown London after the attack. 

Assistant Crown attorney Gary Fowler told Justice Deborah Livingstone the victim and F******* did not know each other. Several people in the building, including the victim's spouse, saw the attack. Along with the internal injuries, the victim suffered gashes to his arm and head and needed a 61/2-hour surgery. He needed 10 staples to close the gash in his head and had a 15-centimetre cut to his arm. Fowler said the victim needed a second surgery later. Livingstone noted that from the testimony heard earlier, the victim's ongoing issues from the attack are "significant." 

F*******'s lawyer, K******* M*******, said her client admitted to causing the injuries from the stabbing and was involved in some of the kicking and punching. A pre-sentence report was ordered and F******* is to be sentenced Feb 3. 

The preliminary hearing for the other two men is slated to continue Jan. 11.

COMMENTS:

        CAROL ANNE SPIVAK

December 10th 2009, 3:12pm  

A PERSON AS VICIOUS AS HE IS DOES NOT BELONG AMOUNGST THE REST OF THE HUMAN RACE, HIS FRIENDS AS WELL. HOPE IT WON'T BE ANOTHER SLAP ON THE WRIST, HE NEEDS LOCKING UP FOR A VERY LONG TIME. I'M VERY ANXIOUS TO SEE WHAT THE PUNISHMENT WILL BE.

        Don

December 10th 2009, 1:41pm  

I hope they give this piece of human trash a double digit pen bit. He damn near killed an innocent man for knocking on a door....? The community is a better place without him. A SEVERE punishment is the only way to go on this case. Him reforming himself should be concidered a distant 2nd priority

        Ouch

December 10th 2009, 11:44am  

That hurts !

A Very Empty Nest

Even though Katie hasn't officially moved out, it has now been pretty close to two weeks since she has really stayed here, and Sara officially moved into her new apartment last Saturday, so for all intents and purposes, I guess that Jim and I are now officially empty nesters! How very weird this is. We knew that this would end up happening sooner than later, especially as Katie turns twenty in less than three months, and Sara less than four. Our babies were growing up, and itching to spread their wings.

Obviously, there are a whole range of emotions that I am currently experiencing. Most are good. I am sad that my girls are really and truly adults now, ready to begin lives of their own, but this is very much tempered with the fact that I also know that they are indeed, well and truly ready to begin this part of their own life's journey. Both girls are exceptionally mature and responsible, with solid heads resting on their strong shoulders. I've got to trust that we've managed to equip themselves with the tools that the shall need to lead happy and productive lives. Mixed with this sadness and melancholy is a huge boatload of motherly love and pride and confidence!

Yes, our home has felt somewhat empty - not to mention extremely quiet - since their departure, but there is also a feeling of anticipation and excitement for what this chapter of Jim's and my life will bring to us. Kind of liberating for the first time in almost twenty one years! Obviously, all of these positive feelings couldn't be possible had we parted any other way but the way that we did. Their decisions to move out on their own came from a place of strength, and no other place. We parted in the absolute best way that one could imagine - no angry words or fights or any sort of bitterness imaginable.

It is due to this that I can look to the future with great optimism and hope. I know so many children that leave home for the wrong reasons, and I consider us extremely lucky and fortunate that this was something that I knew was unlikely to occur in our home. I love both girls so very much, and no matter what the outcome, they know that they can sleep securely each night knowing that the welcome mat will always be there should they decide to return home, no matter what their reasons.

Getting everybody organized has been the main reason keeping me away from my computer this past month and a half, plus dealing with the preliminary trial of our attackers. This, unfortunately, has not gone near as smoothly as the other, and in fact, the prelim trial has yet to conclude, and has now been held over until the last week of January, next year. Much more on this matter very soon.

Just wanted to stop by quickly to let anyone who still actually bothers following me to know that I am still healthy and happy and right on course with my recovery, and then some...

peace, love and happiness...