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Guilty pleas for Montreal Lake kidnapping

May 15, 2015 | 8:10 AM

Two attempted murder charges have been dropped against a man who’s pleaded guilty to kidnapping and violently assaulting his aunt in Montreal Lake, something his lawyer says have left him “relieved.”

The trial for Kevin Henderson, 31, who was arrested last July along with Shantal Laureen Mike, was scheduled for this week in Montreal Lake.

The charges stemmed from the July 2014 kidnapping of Marina Henderson, 66, who family have confirmed to be Kevin’s aunt. She was assaulted, and her vehicle stolen.

However, Henderson’s defence counsel and the Crown prosecutor reached a plea bargain before that.

As a result, Henderson pleaded guilty to aggravated assault, kidnapping, theft of a motor vehicle, and several breaches while the two attempted murder charges against him and a few breaches were dropped.

Although “there was no dispute at any time that the accused was involved in this,” Henderson’s lawyer Brian Pfefferle said the attempted murder charges kept the case from being open and shut.

“Attempted murder is one of the most difficult charges to prove in the Criminal Code, if not the most difficult because the Crown is tasked with trying to prove something that the accused intended but didn’t actually do,” Pfefferle said.

He gives the Crown prosecutor credit for interviewing victims and consulting with police and witnesses, among others, before deciding to drop the attempted murder charges.

Henderson had given a statement to police after he was arrested last summer, and while he’s “relieved” to only be facing an aggravated assault charge, the fight is far from over, Pfefferle said.

Pfefferle concedes that both sides in this case are seeking a “lengthy” penitentiary sentence, but the range requested by the Crown and defence will likely vary.

The August sentencing for Henderson will provide personal details from Henderson’s perspective of what led to the kidnapping that spurred a missing person report by Waskesiu RCMP.

“A lot of the work for the defence is going to be trying to paint the context behind why the offence occurred and the Crown’s job obviously is going to be outlining what actually happened and why they feel it’s an aggravating situation,” Pfefferle said.

Sentencing arguments will take place in Montreal Lake on Aug. 14.

Victim impacts will be read at that court appearance.

Henderson is currently serving time on previous charges.

Shantal Mike’s case is making its way through the courts after she was charged with attempted murder, aggravated assault, kidnapping, robbery and two counts of stealing a motor vehicle last summer.

claskowski@jpbg.ca

On Twitter: @chelsealaskowsk