Family celebrates slain woman’s life, condemns accused killer’s planned defence By: Chris Kitching Posted: 5:51 PM CDT Monday, Aug. 28, 2023

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This article was published 28/08/2023 (739 days ago), so information in it may no longer be current.

A 21-year-old man accused of killing and burying an Indigenous woman in rural Manitoba intends to argue he is not criminally responsible due to mental disorder, a member of his legal team has confirmed.

Mackaylah Gerard-Roussin’s family has objected to the planned defence of Josh Benoit, who is charged with first-degree murder.

“She didn’t deserve it. She was the sweetest person,” said her tearful mother, Melissa Roussin, while family and friends gathered at a Winnipeg home Monday to celebrate Gerard-Roussin’s life and mark one year since her death.

Mourners wore shirts and ribbon skirts bearing pictures of the 20-year-old as they stood around a backyard sacred fire.

They later visited a Steinbach home linked to the homicide and a remote ATV trail near Woodridge, about 100 kilometres southeast of Winnipeg, where her body was found.

At both locations, loved ones held traditional ceremonies with prayers and song, and they reaffirmed their commitment to pursue justice.

“We’re fighting right to the end,” said Crystal Zastre, Gerard-Roussin’s great-aunt. “She’s never going to be forgotten. She’s always with us.”

Relatives were hoping a trial wouldn’t be necessary. They were alarmed by Benoit’s intention to seek a verdict of not criminally responsible.

“That is the biggest concern. That’s why we’re out here,” said Gerard-Roussin’s cousin, Caley Fawcett. “We’re here to bring justice for her.”

Benoit, who remains in custody, is undergoing a mental health assessment requested by his legal team. The report has not yet been received, said Jill Duncan, one of the lawyers representing him.

She declined to comment on her client’s mental health, other than to confirm his defence will be to argue he is not criminally responsible because of a mental disorder.

Health Sciences Centre’s psychiatric department, which is dealing with staffing issues and a backlog of cases from the courts, was recently granted an extension to complete the assessment.

The Crown has indicated in court documents that it will contest any application to find Benoit not criminally responsible.

A charge of first-degree murder is laid in killings that are allegedly planned and deliberate. Benoit was also charged with committing an indignity to a dead body.

Prosecutors are proceeding by direct indictment, meaning the case will go straight to trial without a preliminary hearing.

A judge and jury trial is scheduled to begin in April.

“We’re fighting right to the end… She’s never going to be forgotten. She’s always with us.”–Crystal Zastre, Gerard-Roussin’s great-aunt

Court documents filed by the Crown contain a brief synopsis of the allegations, including some details that were not previously disclosed.

Family members told investigators they believed Gerard-Roussin was going to meet the accused when she was last seen at about 10:30 p.m. on Aug. 25, 2022.

The documents said Benoit’s father called 911 at 1:40 p.m. on Aug. 27, 2022, to report a body of a female in the trunk of his son’s car.

Police previously said the suspect had fled before officers arrived.

Benoit is accused of setting his car on fire when he pulled over following a brief pursuit at about 3:30 p.m. the same day.

The vehicle became engulfed in flames shortly after he got out, and forensic chemistry showed an accelerant was used, according to the documents.

During the search for Gerard-Roussin, who was not in the vehicle, the RCMP became aware of a “separate police incident” on Aug. 25, 2022, in which there was a report of a male digging a large, deep hole near a rural road.

Officers found and took a photo of the hole, where the lid of a plastic container was visible at the bottom, the documents said.

Upon hearing of the search for Gerard-Roussin, officers returned and found the hole had been filled.

Her body was found when the site was excavated.

The documents said the missing woman had been placed in a container along with a bloody wooden spoon that had been sharpened.

An autopsy found she died of puncture wounds to her neck, which also had ligature marks.

Forensic analyses determined blood on the spoon belonged to Gerard-Roussin, and her DNA was found on fragments of clothing that were removed from the suspect’s vehicle after the fire, the documents stated.

Former classmates previously told the Free Press that Gerard-Roussin and Benoit attended Tec Voc High School together and became friends.

She was employed as a youth worker at Rossbrook House, an inner-city drop-in centre, before she was hired by a TD Canada Trust branch in Winnipeg.

Gerard-Roussin had told relatives she wanted to continue to help kids and become a child psychologist.

“She would light up the room. She had big dreams and big goals, and she was achieving them,” said Zastre.

Loved ones said there are still times they expect Gerard-Roussin to walk through the door with a smile on her face.

Monday’s celebration of life was another stage in the grieving process.

“The whole year just went by so quick. Now, this is real,” said Fawcett. “She’s never coming back, and it’s not fair.”

chris.kitching@freepress.mb.ca

Twitter: @chriskitching