Teen killer can remain in youth facility until she is about to turn 21
A young woman sentenced as an adult to life in prison for seconddegree murder in the stabbing death of Brett Wiese at a university party 2 1/ 2 years ago, when she was 17, can remain at the Calgary Young Offenders Centre until just days before she turns 21 next July.
Court of Queen’s Bench Justice Charlene Anderson said on Wednesday in granting the rare application presented by defence lawyer Ian McNish to remain in a youth facility beyond 20 that a 10- month delay to June 30 will allow Jazlyn Faith Radke, 20, to complete her high school diploma and upgrade her marks to assist her to enter university.
“The only issue before me is whether remaining at a youth facility is in Ms. Radke’s best interests,” Anderson said. “I’m satisfied we can leave her in an environment that can help her achieve success.
“In determining her best interests to remain there I look at her age, programs available, treatment needed, vocational and educational opportunities, rehabilitation and reintegration to society. I am concerned about Ms. Radke’s age compared to others as the average age is 15.5 to 16 and she is significantly older than her peers.”
Anderson said Radke has taken responsibility and wants to make amends for the “horrendous crimes” so she may better integrate into society.
Normally, the law requires that a person must be transferred to an adult institution when they reach the age of 20, but McNish argued it would disrupt his client’s educational progress to be moved from where she has so far achieved 60 per cent of her high school education.
“My application is that she remain at CYOC to continue the exemplary progress she has made over the past 2 1/ 2 years,” McNish earlier told the judge. "What I’m asking for still results in her spending another 3 1/ 2 years in an adult penitentiary before she is eligible for parole.
“There’s nothing in the ( expert medical) reports to suggest her progress won’t continue if she is allowed to stay until her 21st birthday. My client has demonstrated with her behaviour she would not jeopardize the safety of others and it is in her best interest to stay.”
Crown prosecutors Carla MacPhail and James Thomas did not dispute the progress Radke has made at CYOC since her arrest after the slaying on Jan. 12, 2013, but said the Edmonton Women’s Institution has all the programs she needs and it is time to move on.
“There is a distinction to be drawn between her preference and her best interests,” Thomas told the judge.
“The Crown says Ms. Radke’s best interests is in preparing her for reintegration to society and prevent recidivism . . . identifying triggers for her anger.
“The reports say she will likely continue to be a viewed as a role model. But individuals charged with serious offences would not have a positive effect on young persons. Also, young offenders programs are geared to those with shorter periods of time there. They don’t suit Jazlyn Radke’s long- term needs.”
Court heard the average length of incarceration at a young offenders facility is in the range of four to six months, not the life sentence that Radke is facing.
Radke, who was a minor when she killed Wiese on Jan. 12, 2013, was sentenced in May to life with no chance of parole for seven years and she will spend the rest of her life under some form of supervision.
An adult would have the minimum term of 10 years before parole imposed if convicted of seconddegree murder.
Radke stabbed Wiese when she and a group of friends returned to the house party in Brentwood after being kicked out of the gathering hours earlier that evening. Court heard when Radke’s group tried to attack the partygoer who removed her, Wiese intervened and was stabbed several times by Radke and a friend of hers.
Mitchell William Harkes, 21, is scheduled to face trial for seconddegree murder starting Sept. 14 for his alleged role in the attack.
Anderson noted Radke spent more than two hours rounding up friends via phone and text to return to the party and mount a revenge attack, rather than removing herself from the fray.
“Ms. Radke was the group leader and the architect of events,” Anderson said. “Ms. Radke needs to accept responsibility for her behaviour, which was created by her intense, irrational anger.”
Anderson also sentenced Radke to a five- year concurrent term for aggravated assault on another partygoer, Colton Lewis, an assault causing bodily harm on Matthew Zegers and an assault on Phillip Bamber.
Lewis suffered puncture wounds to his aorta and both lungs and required a lengthy stay in hospital following the attack.
Radke, who had sought a youth sentence that would involve a total of seven years combined in custody and in the community with no life sentence, has appealed the sentence.