Showing posts with label VICTIM IMPACT STATEMENT. Show all posts
Showing posts with label VICTIM IMPACT STATEMENT. Show all posts

Sunday, January 08, 2012

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...

Friday, April 30, 2010

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.
"

Monday, April 19, 2010

CHANGES

I can hardly believe that we are now more than halfway through the month of April and that I've literally only gone near my computer, never mind surfing the net, about three or four times!!! Busy, yes, I guess I must be. I know that so far this year, there have already been a significant number of changes in my life. Where to even begin...

Very, very briefy, and in point form right now - plan on elaborating on each and every point over the next few weeks. PROMISE!!!

  • daughter moved out of our home into her first apartment with her boyfriend of close to three years, then moved back home after this relationship broke up, and then moved out again all on her own to her very own apartment
  • two of the three accused that had attacked my husband and I,  plus stabbed my husband multiple times, decided to plead guilty right before we were about to proceed to trial so we had to attend both of their Sentence Hearings where I had to read my Victim Impact Statement
  • accused number three has decided that he wants his day in court and has elected for a trial by judge and jury although so far no date has been set so this whole ordeal is still so not over yet
  • spent a good, long month actually working on my Victim Impact Statement for real as opposed to continually composing it in my head
  • my baby brother, and his wife, who just had their fourth child a week and a half before Christmas decided that there was no real employment future for him anymore in Ontario so he accepted a job in Halifax, NS, and within a three week period had flown out for a job interview, accepted their fairly lucrative offer, found room and board for himself in a pretty decent house at an equally reasonable rent, moved his arse and whatever stuff he needed out there to start work, while having to leave his family behind to get their house sold and packed up, allow the kids to finish out their school year at the only school they've ever attended - their ages are 11, 9 and 7 currently - and generally just adjust to  a very foreign situation for them as a family
  • decided on my own that I simply did not want to attend anymore PTSD therapy as I felt that I realistically was as well and recovered as I could possibly be, so had the hospital discharge me stamped READY TO RETURN TO WORK - boy, could I have been any farther removed from the reality of my situation???
Now, these are all of the major changes I've encountered so far in 2010. There are all sorts of minor and by far, less significant stuff I've also dealt with but compared to this heavier stuff, barely warrants a mention right now. Later, maybe. And, just in case, anyone is even still out there keeping track, I've muddled through all of this with nary a stumble. I am still on Methadone Maintenance Treatment - MMT - with a current dose of 40ml/day. At one point, I had actually gotten my dose down to 30ml/day but found that once I had returned to work, this dose was simply incapable of sustaining me for even a 24 hour period so I was forced to increase my dose - for now, anyway, or at least until my body has gotten used to its increased physical activity level which has obviously changed pretty dramatically  since I've been back to work. Even though it seems to be rapidly flying by me so far this year, all in all ,though, life seems to be pretty sweet right now whicg suits me just fine!

Saturday, December 19, 2009

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 !