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Man convicted of killing brother-in-law to 'protect sister' gets day parole

Dakota Whitstone was a member of Westside Outlawz street gang and has suffered intergenerational trauma.
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Dakota Dean Whitstone leaves Battleford Court of Queen's Bench in November 2020 after being sentenced to 7.5 years in prison.

ONION LAKE — An Onion Lake Cree Nation man convicted of manslaughter in the death of his brother-in-law has been granted day parole.

Dakota Dean Whitstone, now 25, killed Tyson Blair Crosschild, 28, from the Blood Tribe. Onion Lake RCMP had been called to a home on Aug. 11, 2018, and found Crosschild in medical distress. Police and medical personnel performed life-saving measures, but Crosschild was later pronounced deceased at a hospital.

Whitstone was charged with second-degree murder but pleaded guilty in September 2020 to the lesser offence of manslaughter. His defence lawyer, Carl Swenson told the court during his sentencing hearing that Whitstone wanted to spare his family “the impact of coming to court and going through a gruelling trial.”

In November 2020, Whitstone was sentenced to 7.5 years in prison. He was given 25.5 months credit for time served while on remand awaiting trial. This meant he had about 64.5 months left to serve.

The Parole Board, after a hearing a month ago, denied Whitstone full parole, and instead, granted him day parole.

According to parole documents, on Aug. 11, 2018, after an evening of drinking, Whitstone had a verbal argument with his sister’s partner on and off during the evening and at one point it escalated to a physical fight. During the fight, Whitstone pulled a knife and stabbed Crosschild several times in the chest and a bicep. One of the stabs penetrated Crosschild’s ribs and pierced his heart.

Whitsone’s sister and another person witnessed the fight and phoned police. He became emotional about what he did, went inside to get dressed and waited for police, say parole documents.

During his parole hearing, Whitstone told the board that his sister was in an abusive relationship, and he felt the need to protect her.

“While you do not use this as an excuse, you said that the abuse was significant, and no one knew what to do,” said the Parole Board. “You did not intend for the incident to escalate the way it did, noting that the victim came after you with a knife and only when this persisted, and you were able to get it away from him, was the victim stabbed. You said, in hindsight, you have waited for the police to respond. You still speak with your sister, but you don’t call your family as much during your sentence, as it is very hard on them and you.”

The Parole Board heard that Whitstone regrets his actions and how others have lost so much because of what he did. He has reconnected with his culture as a way to try and forgive himself and seek forgiveness for the life he took.

Whitstone was a member of a street gang but disassociated himself from the gang while he was in prison, said the board.

He has suffered intergenerational trauma with members of his family having attended residential school, which contributed to his family’s fragmentation, substance abuse, domestic violence and abuse. His mother died when he was nine years old, and he endured physical and sexual abuse on his First Nation.

In spite of that, the board noted that Whitstone has started to demonstrate prosocial behaviour and has developed a mature way of viewing his incarceration and future goals.

His father participated in the parole hearing. He confirmed that the hearing touched on many of the issues, especially with regard to his upbringing, the need to protect his family and that he has been through a lot.

His father has talked to community Elders, and they are encouraging him to come home.

“The family needs you,” said the Parole Board.

His father also confirmed his sister's abuse and the events that followed were difficult for the family, but they are all healing.

The board said it didn’t lose sight of his offence and the needless loss of life. They heard that Whitsone was trying to protect his sister, but realized he should have waited for the police to intervene instead of taking things into his own hands.

“During the hearing, you presented with insight and awareness into the severity of the offence and the ripple effect to the victim's family and your own family,” said the Parole Board.

“You made no attempt to minimize your actions, but rather presented an honest perspective of what you know you need to do better and presented as sincere in your desire to change. The CSC indicates that you are maturing, and this was also reflected in your father's comments. Your father presented compelling comments in regard to the strength of being with family and the need to heal together. There are strong supports available in your First Nation community as well as neighbouring First Nation community that will nurture your healing journey.”

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