“I hope that one day, the youths responsible for these crimes will have the courage to come forward.”
Judge acquits boy of bullying Mitchell Wilson, who killed himself at age 11.
Two days after he was jumped and robbed by two youths, left bloodied and traumatized, Mitchell Wilson passed a boy who was exiting the school office just as Mitchell and his stepmom were entering.
That’s one of them, Mitchell said. He repeated it four separate times: to two police officers, a principal and a vice- principal. Mitchell said he was “for sure sure.”
Judge Mary Teresa Devlin was not “for sure sure.” On Monday, she acquitted the 13-year-old of assaulting and robbing Mitchell. Devlin said she could not establish beyond a reasonable doubt that he was the attacker.
Mitchell committed suicide10 months after the mugging. He was 11 years old.
“I can only imagine how difficult this case has been for Mitchell Wilson’s family,” Devlin said in court. “I realize that the conclusion of this trial leaves many unanswered questions, which is unfortunately unavoidable.”
As the young man left the courtroom with his mother, a family friend of the Wilsons, Anne Oakes, wished him well.
“He’s a child, just like Mitchell,” she explained later.
The defendant, who cannot be named because of his age, was not accused of bullying Mitchell. In fact, Mitchell’s father, Craig Wilson, has said that his son had never previously interacted with the older boy, a schoolmate.
But the attack set off a chain of events that Mitchell’s family believes led to his
“He’s a child, just like Mitchell." ANNE OAKES WILSON FAMILY FRIEND
decision to take his own life.
Mitchell had muscular dystrophy, a debilitating disease for which there is no known cure. His doctor prescribed daily walks to help maintain his mobility.
In November 2010, he left for a walk just before dinner, with his father’s iphone.
He passed a group of youths gathered outside a townhouse complex. He used the phone to call his stepmother and ask what was for dinner.
Shortly afterwards, he saw two of the nearby youths pull up their hoodies around their faces and approach him.
There is no doubt an assault took place, Devlin noted. Mitchell was “body-slammed” from behind and left bleeding from the mouth. His two front teeth were chipped. His hands were scuffed. His wrist hurt.
The attackers reached into his pocket and stole the phone. His stepmom, Tiffany Usher, happened to drive by. She chased the taller boy, who eventually threw the cellphone back at her.
The only legal question was whether the Crown had established beyond a reasonable doubt the identity of the accused as one of the assailants.
After the attack, Mitchell’s family says, the Grade 5 student suffered anxiety attacks. He didn’t want to take his daily walks, and his health worsened.
His father says friends of the accused youth followed Mitchell home, taunting him.
On the morning he was to start Grade 6, and soon after he was subpoenaed to testify about the assault, Craig Wilson found his son in bed with a plastic bag tied around his head.
Without Mitchell’s testimony, the case was thrown into doubt.
Devlin concluded that when describing his attackers to police, “Mitchell Wilson did remarkably well, despite being only 10 years old.” Both were black and male. One was big, around 16 years old, the other was small, maybe 13. He described their clothes.
Then the chance occurrence with the accused occurred. Mitchell was steadfast in his identification, Devlin said.
But eyewitness identification is a notoriously slippery legal tool, Devlin noted — the human brain is not a reliable camera.
“The case law on eyewitness evidence consistently states that even when an eyewitness is honest and credible, as I am sure Mitchell Wilson would have been, these witnesses are often mistaken.”
Without the opportunity to crossexamine Mitchell about why he so strongly believed that the accused was his assailant, Devlin could not affirm the identification beyond a reasonable doubt. Family members were disappointed by the ruling. “The law is the law,” said Craig Wilson. “I know Mitchell was 100 per cent sure in his mind. I like to think that is the truth.” Devlin, in her judgment, noted the intense interest in the case. Premier Dalton Mcguinty cited Mitchell’s death when he announced anti-bullying legislation. “Are we teaching our children through our words and deeds that might does not make right, that stealing is wrong, that one of the bravest things a person can do is own up to his or her mistakes?” Devlin asked. “Taking the time to learn from this case, and working together to ensure that such a tragedy never happens again, is the least we can do to express our sorrow to the Wilson family and honour the memory of Mitchell Wilson.”