‘Please forgive me’: Wahpeton First Nation fatal stabbing results in two-year jail sentence

When investigators returned to the residence on the reserve where the assault happened, they found 19-year-old Zellall Highway in the backyard, suffering from life-threatening injuries. He was pronounced deceased soon after.

Police later arrested Waditaka, who was 19 at the time, at a nearby residence and transported him to hospital where he was treated for his own injuries obtained during the incident.

A picture taken of the sweater worn by Zellall Highway’s grandmother Shirley Goodvoice. (Nigel Maxwell/paNOW Staff)

According to facts read in court Monday, the evening’s incident arose from an altercation outside a house.

A girl at the party confronted Waditaka and an argument ensued. The fight soon turned physical, at first involving just her and Waditaka, but soon several others joined. At one point, a knife was grabbed and several witnesses saw Waditaka stab the two victims before leaving the residence.

Waditaka later admitted that prior to the altercation with the teenage girl and Highway, he armed himself with a knife — the same one used to stab both victims.

Zellall Highway’s obituary photo. (submitted photo/Beau Lac Funeral Home)

After the incident, Waditaka was charged with second degree murder, aggravated assault and sexual assault. At the conclusion of Waditaka’s preliminary inquiry hearing, the murder charge was downgraded to manslaughter, only to be downgraded a second time this week to the weapons charge. The sexual assault charge was stayed by the Crown on Monday.

Describing the case as complex, Crown prosecutor Keith Amyotte noted there was signficant give and take on both sides, noting a number of evidentiary and witness issues were at play.

Defence co-counsel Jock Kriegeler also touched on the trial-related challenges in regards to mass amounts of liquor consumed at the party. He added there was evidence to suggest Waditaka’s actions were to defend himself.

Kriegler said Waditaka was also stabbed during the party and spent a number of days in hospital recovering. While on bail the past two years, and supervised through an electronic monitoring, he completed a trades program at Sask. Polytechnic and was working for a roofing company.

In the end, Justice G.Meschisnick accepted the joint submission of two years, as well as the three years probation that will follow. After serving his jail sentence Waditaka will be prohibited from owning or possessing any firearms or explosives for a 10-year period.

Following the court proceedings, members of Waditaka’s family were observed offering condolences to members of Highway’s family by way of handshakes and hugs. While most accepted the gestures, at least two family members declined.

Reaction outside court

Wearing a jacket that paid tribute to her late grandson, Shirley Goodvoice said she did not think Waditaka’s sentence was long enough. She also expressed uncertainty with how Waditaka planned to make things right.

“What are you going to do to make things right for me? You can’t bring Zellall back,” she said.

Among the emotional victim impact statements read in court was one written by Highway’s younger sister Mikayla. Within her letter she explained how she was passed out at the party when the stabbings happened, and wished she could have been there to help her brother.

“I will forever have this empty feeling in my heart,” she wrote.

Outside the courthouse, Mikayla said her brother was a really good person, and took care of her while they were growing up, making sure she stayed away from trouble and went to school.

Multiple victim statements were read in court describing feelings of depression, anxiety and a lack of trust in meeting new people. @princealbertnow

— nigel maxwell (@nigelmaxwell) October 18, 2022

Shanna English was one of Highway’s close friends and told paNOW his life was worth more than the sentenced imposed. She added Highway did not get the justice he deserved.

“I watched Zellall die and it’s something that never leaves your head. Every time I think about Zellall I see Zellall in the worst position I’ve ever seen him,” she said.

English also noted how Highway was only four credits shy from graduating high school, and was the type of person who always took care of those around him, even feeding those who were hungry.

“He never got to have a kid or have a family. It was all taken away from him,” she said.

Response from lawyers

Considering Waditaka’s actions killed a man, the main question surrounding the case has been how a charge of second degree murder could be downgraded to a simple weapons charge. When asked to explain, prosecutor Keith Amyotte reiterated what he said in court, describing a very highly complex factual situation.

“It did occur at a house party where all or almost all the potential witnesses were in varying degrees of intoxication so there were are a lot of evidentiary issues, contradictory witnesses, a lot of different things going on. There was the potential applicability of self-defence,” he said.

Amyotte added the decision for the joint submission was not made lightly and lawyers received endorsement from the victims’ families to go forward with recommending a two-year jail sentence.

Noting the rareness of cases that begin with a murder charge and end with a weapons possession, defence co-counsel Jock Kriegler reminded the public that every person before the court is presumed innocent until proven guilty.

“The result we got to was there wasn’t going to be a conviction on the offences to Mr. Zellall Highway,” Kriegler explained, adding Waditaka took responsibility for his actions.

Defence counsel Brian Pfefferle added while it can be admitted Highway died as a result of his altercation with Waditaka, it’s not clear if the death was the result of criminal misconduct or self-defence.

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nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

by Nigel Maxwell

‘Please forgive me’: Wahpeton First Nation fatal stabbing results in two-year jail sentence

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