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Judge delays sentencing in two-year-old's death

By: Gabrielle Giroday

Posted: 04/29/2010 1:00 AM | Comments: 0 (including replies)

Gage Guimond (HANDOUT)

A judge has reserved a sentencing decision in the death of two-year-old Gage Guimond who died in the care of his great-aunt.

Last November, Shirley Caroline Guimond pleaded guilty to assault cause bodily harm for injuries both Gage and his sister sustained from slapping and punching. She also pleaded guilty to failing to provide the necessities of life to Gage when he fell down a set of stairs in July 2007.

Then, a judge said Guimond would do no further time in jail for the assault charge, after giving her double credit for 68 days she'd already spent behind bars.

Now a judge will decide the sentence she'll do for the second charge. Crown attorney Tony Kavanagh told Provincial Court Judge Lee Ann Martin on Wednesday that Guimond should do two years less a day in provincial jail, minus about six months time served, for a crime that was "senseless, avoidable and sad."

"We can't ignore that this was an offence against a young boy who was incapable of looking after himself," Kavanagh told the court.

Defence lawyer Saul Simmonds said Guimond should be able to serve a two-year sentence under house arrest.

Both lawyers said Guimond should also be given three years of supervised probation.

Martin reserved her decision.

The mother of the two-year-boy said Wednesday she's against house arrest for the woman. Natasha Guimond said 55-year-old Shirley Guimond should do time behind bars.

Only six weeks after Sagkeeng Child and Family Services agency had placed Gage and his sister at a Magnus Avenue foster home with a great-aunt they'd never met, emergency responders found Gage with serious head injuries and struggling to breathe.

Court heard Shirley Guimond had placed the boy on a chair next to stairs while she used a bathroom, and the boy tumbled over a plywood guard rail to the bottom.

She was originally charged with manslaughter.

"She admitted she beat my kids, she's just not admitting for killing my son because how can anyone admit that?" said Natasha Guimond, who wept on the steps of the courthouse.

Natasha Guimond's children went into CFS when she was 19 years old and struggling to care for them.

They then were placed with foster parents before CFS removed them and placed them with Shirley Guimond.

Simmonds said his client contacted CFS to tell them she could not handle caring for the kids in addition to another teenager already in her home, but help didn't come.

"Why in the world is Ms. Guimond alone in this box?" Simmonds asked.

After Gage fell, Shirley Guimond called 911 and tried to revive the boy but he eventually died of his injuries.

"I just want to say I'm sorry for what happened," she told court Wednesday.

gabrielle.giroday@freepress.mb.ca

Republished from the Winnipeg Free Press print edition April 29, 2010 A4

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