Jail assault could affect rapist’s prison sentence
Crown says incident ‘unfortunate’ but pushes for 221/2 years for Mcknight
A few days after arriving at the Edmonton Remand Centre following his arrest in the summer of 2016, Matthew Mcknight was approached by his cellmate in one of the jail’s fresh air rooms.
What followed, Mcknight said during the second day of his sentencing hearing Thursday, was a severe beating that should affect how long he spends in prison.
Mcknight, a 33-year-old former promoter for several now-defunct Edmonton nightclubs, faces decades behind bars after a jury convicted him of sexually assaulting five women.
The assaults took place between 2010 and 2016, when the women were aged 17 to 22. They testified Mcknight raped them in his apartment after evenings at bars and nightclubs, where he supplied free drinks and limo rides. All five testified they suffered blackouts.
A total of 21 women came forward about Mcknight. Thirteen of the charges made it to trial.
The Crown is arguing for a sentence of 22½ years. Defence lawyer Dino Bottos has yet to make his sentencing submissions.
What weight Queen’s Bench Justice
Doreen Sulyma places on the remand beating is a significant part of the defence’s case. The Crown has argued there are practically no mitigating factors arguing for a shorter sentence. They say Mcknight’s assaults were planned and deliberate, and “facilitated” with alcohol, date rape drugs or a combination of both.
During trial, Bottos said the assertion date rape drugs were involved was based on an “extremely weak foundation,” saying there is no physical evidence Mcknight spiked anyone’s drinks.
Mcknight was arrested at Edmonton police headquarters Aug. 8, 2016, after three women came forward alleging he sexually assaulted them. He was initially held in intake cells at the remand centre for two days before being released — at his request — into general population.
On Aug. 10, 2016, police issued a media release, saying there might be additional victims. Mcknight testified he was in a remand centre common area when he saw his mugshot on the TV news.
A correctional officer whisked him out of his cell just as a group of inmates were gathering, calling him “rapist” and “skinner,” he said.
Mcknight was housed in a protective unit with another inmate, who saw his picture in the paper the following day. He became agitated and threatening, Mcknight said, bombarding him with questions about his charges. The two were locked up all but one hour each day.
“He was telling me, ‘Everyone in the pod wants me to kill you. Haven’t made up my mind about what I’m going to do yet,’ ” Mcknight said Thursday from the witness box.
The inmate attacked Mcknight while he spoke with his dad on the phone on the evening of Aug. 14, 2016. Court saw video of the incident, which showed the shirtless inmate punching Mcknight in the face after a brief confrontation.
Mcknight fell to the floor, where the inmate kicked him seven times around the head and upper body before himself lying on the floor with his hands behind his back. A total of 16 guards responded, removing Mcknight’s attacker, rolling Mcknight onto his stomach and placing him in a spit mask.
Mcknight testified he needed stitches and staples to close his wounds. Remand officials claimed Mcknight resisted arrest, but Mcknight said he was barely conscious and has no memories of the attack.
He was eventually granted bail Aug. 15, 2016, and has been out on conditions since.
The Crown said there is no evidence jail staff were negligent or engaged in “malfeasance” with regard to Mcknight’s assault. Prosecutors said that while the beating was “unfortunate,” it should not be a factor that shortens sentence.
Prosecutor Katherine Fraser said aggravating factors in Mcknight’s case include the use of alcohol and possibly drugs to facilitate the assaults; his degrading behaviour toward the women during the rapes; his refusals to wear a condom; and in one case, his decision to move a piece of furniture in front of the door of his bedroom during the assault.
Each victim was “treated as an object, to be used at will by Mr. Mcknight,” Fraser said.
Sentencing is scheduled to conclude Friday.
He was telling me, ‘Everyone in the pod wants me to kill you. Haven’t made up my mind about what I’m going to do yet.’