Sentencing decision reserved in Ledoux manslaughter case

Bird was initially charged with first-degree murder, but Madame Justice Heather MacMillan-Brown determined the Crown failed to meet the burden of proof, so instead found Bird guilty of the lesser charge of manslaughter.

The actual trial was held in Feb. 2021. Witnesses testified Ledoux had gone to a house in the city’s west flat neighbourhood, to receive a minute; a term used by street gangs when a member breaks the rules and receives a one-minute beating.

In this case, Ledoux had kissed another member’s ex-girlfriend which was forbidden and is termed “dirty macking.” He had also been accused of robbery and continuing to wear street gang colours despite being stripped of them.

As many as 20 people had gathered at the house that night for a meeting, including a number of street gang members from Saskatoon. After the assault, people at the house were observed playing with a gun, joking “safety on and “safety off” and it was Bird who was holding it when Ledoux was shot. She has always maintained it was an accident and never had any intention to kill Ledoux.

On Friday, Bird was very emotional when she apologized to the victim’s family, as well as her own family.

“I hope this will bring closure to Brett’s family, she said.

Marissa Bird is escorted by Deputy Sheriffs to Court of King’s Bench. (Nigel Maxwell/ paNOW Staff

Sentencing submissions

The typical range of sentencing for a manslaughter conviction ranges from four to twelve years. In this case, the Crown is seeking a sentence of 12 years.

Shawn Blackman explained even if the act itself was not intentional, it does not reduce the gravity of the offence.

“There’s no more serious consequence than death,” he explained, describing the incident as closer to mere murder than mere accident.

Blackman also noted Bird pulled the trigger, hoping it would only click. A further aggravating factor in the case was Ledoux’s remains were not found until days after his death.

The first officer on the scene of the address, having been brought there by Ledoux’s mother, testified to a “strong, rancid” smell coming from the house, and upon further inspection found a human limb in the living room area, covered up by a Saskatchewan Roughriders flag and a couple sweaters.

Defence lawyer Patrick McDougall went to great lengths on Friday to show the woman sitting in the prisoner’s box was not the same person who was in the house in 2017, associating with other gang members.

McDougall noted Bird has shown great remorse for her actions and over the past four-and-a-half years, completed various forms of programming. Most recently, she earned her Grade 12 diploma.

McDougall also explained Bird formally left gang life in the fall of 2020, received her own minute for it, and has never looked back. She’s now heavily involved with the Str8 program, an organization that assists former gang members to stay on a positive path.

With respect to what was happening in Bird’s life at the time of the incident, McDougall explained Bird’s brother Preston had been charged with second-degree murder, and he was someone she was very close to.

Soon after, she associated with a street gang and experimented with drugs.

Noting Bird has accumulated over 1,700 days remand credit, McDougall suggested a sentence of time served would be the most appropriate.

“There was no intent on her part to cause harm,” he said.

McDougall also noted Bird has a firm in place and has made an application to live at a healing center, where she can get further help for her addictions issues and also employment support. It would also allow her to live with her kids.

A picture taken at the time of Ledoux’s death. (File photo/ paNOW Staff)

Victim impact statement

A number of victim impact statements were filed to the Madame Justice MacMillan-Brown to be read, but Ledoux’s mother Carla Pedersen read her statement aloud. Pedersen explained she lives in fear every day, doesn’t leave the house, and feels constantly stressed about gangs.

“You just never know what can happen at any time of the day,” she said.

Ledoux left behind two young children, who now live with their grandmother. Pedersen said she’s working very hard to forgive Bird and just wants justice to be served.

“I just wish I could turn back time,” she said.

Madame Justice MacMiIllan-Brown has tentatively reserved her decision to March 10, but the date won’t be finalized until a conference call is held later this month.

The three co-accused in Ledoux’s death all entered guilty pleas at separate hearings in 2020.

Lenny Daniels received an eight-year sentence after pleading guilty to manslaughter. Boden Umpherville and William Chaboyer received three-year sentences for their respective roles. The two men pleaded guilty to charges of assault and participation in a criminal organization.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

Sentencing decision reserved in Ledoux manslaughter case

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