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Judge to decide if Natewayes gets jail

Jun 15, 2015 | 5:12 PM

A woman is no longer charged with manslaughter in a 2012 attack that took a teen’s life, but lawyers are still split over what her role was in the crimes committed that night.

Tasia Natewayes, 30, was found not guilty of manslaughter after a trial in April but was found guilty of break and enter with intent to commit an indictable offence.

Sentencing arguments were made at Prince Albert’s Court of Queen’s Bench on Friday, with the Crown seeking eight years less time served and defence seeking a non-custodial sentence.

Crown prosecutor Shawn Blackman said even though Natewayes “did not set foot in that house,” she was instrumental in the attack that took the life of Dakota Nayneecassum, 18, in 2012.

She drove the four people who broke into the house Nayneecassum was staying that night, and acted as their getaway driver.

Blackman argued for eight years less eight months’ time served, along with a DNA order, firearms prohibition for 10 years and forfeiture of her car, which was used in the offence.

The laws surrounding Natewayes’ crime have changed numerous times since September of 2012, which led to arguments for and against whether Natewayes can serve her sentence in the community.

Her lawyer, Peter Abrametz Jr., said the law at that time stated if the “indictable offence” being referred to involves a serious personal injury, the criminal is not eligible for a conditional sentence.

Abrametz told the court Natewayes feels remorse about the poor choices she made the night Nayneecassum died, including her substance abuse issues and who she chose to hang out with.

However, he said we can’t lose sight of her “limited” involvement in the crime, saying Natewayes was not privy to the plans of the males in her car and that she kicked out all passengers except for her boyfriend once she smelled bear spray after the break and enter.

On the other side, Blackman said serious personal injury was foreseeable, which means a conditional sentence is not possible.

Abrametz said time in custody helped Natewayes rehabilitate and recover from addictions issues.

Natewayes’ mother, Demily Natewayes, and her aunt, Doreen Morin, addressed the judge directly in court.

Demily spoke of her own childhood. She was one in a family of 17, and spent two years in foster care from the age of five to seven.

“There’s some things that happened there that have affected me through the years,” Demily said, becoming emotional as she spoke.

Tasia is the oldest of seven children, and is a treaty member in the Sandy Bay area, Demily said.

Demily said her family was used to the slow pace of reserve life, and when her family moved to Prince Albert she hadn’t prepared Tasia for how confusing the fast pace can be.

“I hope you can have mercy on her,” Demily told Justice A.R. Rothery.

She said she feels for the family of Dakota Nayneecassum and is hopeful for healing.

Morin spoke next, noting that Tasia has “made some very powerful decisions” but “my niece does not belong in jail.”

Morin told Rothery “I don’t give her a break when she’s done wrong,” but she has become a strong woman – something that “we need” to change the suffering in the aboriginal community.

Finally, Tasia stood and had words for Nayneecassum’s parents.

“I regret that night every day of my life,” she said, saying she’s sorry to his family and friends.

Her mother, father, aunt, several siblings and other family members were present.

Rothery has reserved her decision until June 25.

claskowski@jpbg.ca

On Twitter: @chelsealaskowsk