Convicted killer and cousin named in lawsuit
Civil case seeks compensation, citing duty to report threats of intimate-partner violence
A statement of claim filed by the daughter of Triffie Wadman, who was murdered in 2011, could be a game changer if it succeeds in prompting a duty to warn when someone is aware of impending or existing intimate-partner violence.
Both convicted killer Trevor Pardy and his cousin, Nathan Pardy, have been named in the statement of claim filed by lawyer Kathleen Healey of St. John’s law firm Budden and Associates on behalf of Terra Wadman, Triffie Wadman’s only child.
The lawsuit seeks compensation for Terra Wadman in the loss of her mother, but there is another goal.
“I think it is going to take the court to be willing to be open-minded and to consider the evolving society’s values, and to some extent we hope the civil law reflects society’s values and reflects there is an obligation on people to, at a minimum, warn,” Healey told Saltwire Network Monday, Oct. 25.
A key to the civil case is a series of texts in which Trevor Pardy made implicit threats.
“Those texts were over a few hours. … We’re saying that it was completely foreseeable what was going to happen if (Nathan) did nothing,” Healey said.
“We’re not alleging in this case that for Nathan Pardy there would have been an obligation to control Trevor Pardy or to protect Triffie Wadman. But we are saying he had a duty to warn her. In this case his knowledge was first hand. It was unique and he was the only person who knew about it and the danger was imminent.”
NO COMMENT
Nathan Pardy, contacted through Messenger, said, “No comment as I am seeking legal advice.”
An interview request has been made to Trevor Pardy through Corrections Canada.
The civil case, including the contention of negligence against Nathan Pardy, has not been proven in court. The statement of claim was filed on Oct. 18.
“The clarity and chilling intensity of the threats contained in these text messages established a strong likelihood that (Trevor Pardy) would carry out his plan,” the statement of claim contends.
The statement asserts that the first and second defendants — the cousins — caused a wrongful death pursuant to the Fatalities Act and as a result Terra Wadman has suffered economic loss, and a loss of care, guidance and companionship.
In the alternative to that argument, the statement contends the second defendant — Nathan Pardy — knew Triffie Wadman had a young daughter who was living in a situation where there was a risk of violence, and he failed in his statutory duty of care to her as a child in need of protective intervention under the Children and Youth Care and Protection Act.
“Nathan b’y, I’m gonna kill the c**t tonight; can’t wait,” Trevor Pardy wrote to Nathan at 8:33 p.m. on Sept. 30, 2011, in the texts referencing Triffie Wadman.
Within a few hours, Trevor Pardy shot Triffie Wadman outside at Boggy Hall Place in the west end of St. John’s, on Oct. 1, 2011. Wadman managed to use her cellphone to call 911, and police arrived to find Trevor Pardy holding a nine-millimetre pistol. He refused to drop the gun or move away from Wadman for more than 15 minutes, preventing paramedics from attending to her. He eventually moved behind a pickup truck and engaged police in a four-hour standoff.
“My ex-boyfriend shot me! He shot me! I’m dying!” Wadman, 30, was heard crying to the 911 dispatcher.
The province’s chief forensic pathologist testified at Trevor Pardy’s trial that Wadman’s wounds weren’t immediately fatal and she bled to death.
“Compensation for Terra will never make it right. It will never bring her mother back … but I think she would take some comfort if this brings awareness and maybe stops it from happening to somebody else,” Healey said.
“Compensation for Terra will never make it right. It will never bring her mother back … but I think she would take some comfort if this brings awareness and maybe stops it from happening to somebody else.” Kathleen Healey Lawyer
“While at this point neither Trevor or Nathan may have much in the way of resources, civil judgments are in place for a long time and people’s situations do change, so hopefully there will be some compensation for Terra.”
CHANGING ATTITUDES
Beyond that, the case could do for intimate-partner violence what has been done to push people to report suspected drunk drivers, and similarly hold bartenders accountable for serving intoxicated patrons with the risk they might drive.
Healey likens the case to someone discovering the building they are in is on fire, and before they leave taking the responsibility to pull the fire alarm to warn others who may not be aware.
“Domestic violence or intimate-partner violence in our society is so prevalent and endemic that members of the public have to start taking action,” said Healey, a former Crown prosecutor.
“Awareness of intimatepartner violence is certainly increasing and I think there would be very few people who would say that Nathan Pardy should have remained silent. … But there are still people who believe violence in relationships is a private matter between two people and they don’t do anything. I think the only way we are going to stop it is for people to say, ‘No, you can’t do that.’
“Nothing is going to change if we pretend it doesn’t happen, if we ignore it or sweep it under the carpet or keep silent about it . ... Nothing changes with respect to sexual violence, with domestic violence, with any sort of violence really. And it’s time for this to change.”
The night she died, Wadman, whose daughter was then a young child, contacted Trevor Pardy regarding money she had been owed by him. They arranged to meet late in the night on Sept. 30.
Trevor Pardy brought his handgun and 18 rounds of ammunition.
The text messages announcing he was going to kill his ex-girlfriend were revealed at trial.
But Nathan Pardy told the court in 2015 that he thought Trevor was just venting in the texts. He said his cousin and Wadman had had issues in their relationship and Trevor wouldn’t do such a thing.
Testifying at Trevor Pardy’s first-degree murder trial at Newfoundland and Labrador Supreme Court in St. John’s, Nathan was asked during cross-examination if, after receiving the texts, it ever crossed his mind that Trevor Pardy would actually carry out the threat.
“Not in a million years,” he replied, which he said is why he didn’t go to the police right away.
THE TEXTS
Following Trevor Pardy’s initial text to Nathan, Nathan replied, “Shoulda stayed away from her bro.”
Trevor Pardy replied, “I’m killing her and i’ll let u know when too; matter of hours; sometime tonight.”
Trevor later texted Nathan, “Now I’ve got her loser sister texting me and giving me shit LOL.”
Nathan replied “OMG.” To which Trevor texted, “Yeah, saying I stole from her … so I’m setting her straight now; all family crazy.”
“Lard Jesus,” Nathan replied.
Trevor then texted, “I’m gonna go on a f**king rampage and kill em all.”
“No you are not,” Nathan replied.
“Wait and see,” Trevor said. “I’ll get Trif at least ... What a bunch of f**king crazy people.”
Nathan then invited Trevor to come to a bar with him, but he refused.
“Don’t do anything stupid,” Nathan texted.
“Stupid would be for me not to do anything,” Trevor replied. “It’s called justice.” “Nope,” replied Nathan. In November 2015, a jury took less than two hours to find Trevor Pardy guilty of first-degree murder. He was sentenced to life in prison with no chance of parole for 25 years. After serving 15 years — in 2030 — he will be able to apply to have his parole time reduced.
In 2017, the Court of Appeal of the Supreme Court of Newfoundland and Labrador dismissed an appeal by Trevor Pardy.
He and his lawyers hoped to have his conviction overturned on the grounds that the trial judge erred while giving his instructions to the jury.
Trevor Pardy claimed Wadman was shot by accident during a struggle.