‘Her life mattered — she mattered’

Pausing at times as tears overcame her, Kristy Ballantyne expressed her family’s heartbreak in a Winnipeg courtroom Wednesday over the slaying of her sister by two teenagers who went on a killing spree one morning in 2022.

“Her life mattered — she mattered… My sister was not a statistic… she was a human being with a heart big enough to care for everyone, even when she had little for herself. She would give the shirt off her back, if someone needed it,” said Ballantyne of Danielle Dawn Ballantyne, who was slain in the early morning hours of Aug. 22, 2022.

“When you took her life, you didn’t just steal her future, you stole a piece of every single person that loved her. You didn’t just end her story, you ripped apart ours.”

Ballantyne addressed one of two 18-year-olds, who pleaded guilty earlier this year to two counts of second-degree murder for the deaths of her sister and Marvin William Felix, 54. He also pleaded guilty to manslaughter in the death of Troy Baguley, 51.

The accused, who was 15 at the time, beat Ballantyne, a 36-year-old mother of four, to death. Separate attacks on Felix, an amputee who used a wheelchair, and Baguley, a man with schizophrenia and other mental illnesses, left them with grave injuries. Both were later taken off life support.

The teens did not know their victims. No motive has been offered and neither can be named as they were under 18 at the time.

Prosecutors argue the teen — and his co-accused, who has yet to have a sentencing hearing — should be sentenced as adults.

Bobby Ballantyne, brother of the victim, also spoke in court, repeatedly looking at his sister’s killer as he sat in the prisoner box.

“Her death has left a hole in my heart that can never be filled,” he said, describing his grief over the fact his children will never really know their aunt, while her children lost their protector.

“There is no justice that can bring her back but I hope the court recognizes the deep lasting harm this has done… we will never be the same.”

Prosecutor Jodi Koffman read out a number of victim impact statements from loved ones of Felix, who expressed their grief and despair at the targeting of a “peaceful” man with one leg who tried to help others.

“When you took her life, you didn’t just steal her future, you stole a piece of every single person that loved her. You didn’t just end her story, you ripped apart ours.”–Kristy Ballantyne, sister of Danielle Dawn Ballantyne

Felix was described as a good baker, who enjoyed sharing the bannock, bread and pies he made.

Statements from workers at Turning Leaf Support Services were also read on behalf of Baguley. Baguley, who was from a First Nation in Saskatchewan, moved to Winnipeg with the support of Turning Leaf in January 2021, after a difficult life often spent in mental health facilities.

Court heard Baguley began to live independently for the first time and advocate for himself while making friends with those around him.

His sister, appearing via video link, questioned why the now 18-year-old, who is Cree, made the choices he did, becoming another statistic in a justice system in which Indigenous people are already over-represented.

If the teen is sentenced as an adult by Court of King’s Bench Justice Gerald Chartier, it would amount to an automatic life sentence for second-degree murder. Prosecutors are asking for seven years of parole ineligibility, the maximum sentence for second-degree murder for a youth sentenced as an adult.

The maximum youth sentence for the same crime is seven years, with up to four years in custody and another three of probation.

Koffman has argued the teen is morally responsible for the crime to merit an adult sentence, while a youth sentence would not be enough to hold him accountable or keep the public safe. She noted he has a lengthy history of crime as a youth and of violently lashing out while in custody.

The teen’s lawyer, Laura Robinson, is seeking the maximum youth sentence.

She argued the Crown has not successfully rebutted the legal presumption that as a youth, the 18-year-old should be considered less morally responsible for his actions due to his immaturity and lack of development compared to those over 18, as is required when prosecutors seek adult sentences for young offenders.

She also noted her client has fetal alcohol spectrum disorder, a mild intellectual disability and attention deficit hyperactivity disorder, but does well when given supports and structure.

He was born in The Pas to a mother from Opaskwayak Cree Nation and suffered trauma in his young life, witnessing domestic violence and alcohol abuse.

At the time of the murders, he was staying at a group home in Winnipeg, where he met his co-accused and other people from the city, after getting out of youth jail. He wasn’t permitted at the time to return home to the North.

The teen’s co-accused pleaded guilty in January to two counts of second-degree murder in Ballantyne and Felix’s cases, with a charge related to Baguley stayed.

erik.pindera@freepress.mb.ca