BIG ISLAND LAKE – A 19-year-old woman – who admitted to being a former member of Westside Outlawz street gang – was sentenced to three years in prison after pleading guilty to aggravated assault.
Court heard that Danica Ochuschayoo was seen hitting Reva Flunkie more than 20 times with a crowbar. The victim was hit on her head and body. Up to 11 people were there and watched but didn’t try to stop the assault or help the woman.
A neighbour had called 911 and the police fortunately responded quickly, said Judge Michael Segu in his May 16 written decision in Big Island Lake Circuit Court.
“I say fortunately, as Ms. Flunkie was laying on her side, gasping for air and screaming in obvious pain. She had cuts on her head and body and eventually lost consciousness. At one point, she stopped breathing, and the officer at the scene was required to perform CPR while EMS was enroute. Ms. Flunkie’s situation was so dire that the decision was made to transport her from the attack scene at Big Island to Highway 155 to meet with EMS.”
Flunkie was taken to Bonnyville hospital and then Edmonton, Alta., hospital for emergency care.
“Despite the severity of the situation, the accused [and others] did not lift a finger to provide any measure of assistance to her after the vicious and unprovoked beating,” said Judge Segu. “Rather, Ms. Flunkie was left lying in the dirt to suffer in agony.”
The attack
Court heard that Flunkie had arrived at her home on Big Island Lake Cree Territory on May 17, 2022, to find Ochuschayoo and others in her home drinking and having a party. She asked them to leave and there was a confrontation. Flunkie was hit in the back and she fled her home, going to a nearby neighbour’s residence. While she was on her way to the neighbour’s home, she was viciously attacked by Ochuschayoo, who had pursued her outside, for reasons unknown, said Judge Segu.
Flunkie had significant damage to her hands and face, six scalp lacerations that needed staples to close, two skull fractures near the parietal bone, a significantly torn left ear lobe that required plastic surgery, a cut on her left cheek, and two separate fractures in her left hand.
“It is notable that the victim is a 28-year-old Indigenous female, part of a vulnerable population,” said Judge Segu.
Defence sought suspended sentence
Crown prosecutor William Louison sought a three-year prison sentence, while defence counsel Laura Mischuk argued for a three-year suspended sentence citing Ochuschayoo's lack of criminal record and excellent track record while on release conditions since June 6, 2022.
In sentencing, Judge Segu considered numerous aggravating factors including the extent and severity of Flunkie’s injuries, the fact that she was pursued out of her own home and was subjected to an unprovoked assault, the prolonged nature of the assault, the location of injuries on her head and face, the immediate and significant impact on the victim, particularly the loss of consciousness and having stopped breathing, and the fact that the accused didn’t provide any assistance and left Flunkie “lying in the dirt to suffer.”
Judge Segu said he took multiple mitigating factors into consideration including the accused’s young age, her lack of a criminal record, turning herself into police and pleading guilty.
Gladue factors
A pre-sentence report detailed Ochuschayoo’s upbringing. Neither of her parents attended residential school but her maternal grandmother attended day school at Big Island Lake and there was alcoholism in her mother’s home.
Ochuschayoo’s parents would drop her off with relatives and go drinking and she ended up living with her maternal grandparents in Bonnyville. She started drinking at age 12. When she was 13, she was required to drive her grandmother and when she refused to drive her, the grandmother, who had been drinking, became involved in a car accident and died.
“Ms. Ochuschayoo continues to blame herself for that accident, although clearly it is not her fault,” said Judge Segu.
Ochuschayoo grew up in poverty and often starved. She suffered from depression and anxiety.
“There is some basis upon which to draw a connection between Ms. Ochuschayoo’s upbringing and her later difficulties with alcohol,” said Judge Segu. “That being said, the impact of those Gladue factors on the offence at hand is somewhat muted, given that well before the offence, Ms. Ochuschayoo was able to maintain a sober lifestyle for a period of nine months, and has not had a drink since the offence.”
In addition, she has the benefit of a stable and supportive relationship and enjoys strong parental support.
“This is not, for example, a case where the Gladue factors specifically drive recurring criminal behaviour.”
Ochuschayoo was the victim of sexual violence perpetrated by extended family members, court heard.
“It appears her unresolved anger towards her assailants is still impacting her today,” said Judge Segu. “However, it is also worth keeping in mind that Ms. Ochuschayoo chose, as her victim, another Indigenous female, who is a member of a vulnerable population routinely targeted for violence.”
Court heard that Ochuschayoo admitted to being a member of the Westide Outlawz street gang previously.
Ochuschayoo’s pre-sentence report revealed that she takes full responsibility for her actions and “is sickened by the injuries she caused to the victim.” Ochuschayoo was assessed as a medium risk to reoffend.
Aggravated assault carries a maximum sentence of 14 years in prison. Judge Segu rejected the suspended sentence submission by defence.
“A suspended sentence fails to adequately address proportionality. Here, there is a high degree of moral blameworthiness. This was an unnecessary pursuit of, and unprovoked attack on the victim. It was a sustained and vicious attack with a weapon, resulting in serious head and body injuries.”
Ochuschayoo was handed 1,095 days in prison. She was given 33 days credit for pre-trial custody and a further 180 days off of her sentence after taking Gladue factors into consideration, including her ongoing mental health struggles and compliance with bail conditions over a period of 10 months. This means she had 882 lefts to serve as of May 16.
Ochuschayoo was also ordered to provide her DNA to the National DNA Data Bank and prohibited from owning firearms for 10 years after she gets out of prison.
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