Judge reserves sentencing decision for youth convicted in Gatzke death

The court heard the youth was involved in a home invasion with a group of friends who were part of the Terror Squad gang at the time of the incident, with a plan to rob Gatzke of drugs and money.

“They went in there with guns, intent on robbing this individual, when things went horribly wrong,” Schmidt said.

The youth, who was “intoxicated and high on drugs,” ended up shooting Gatzke, the Crown said.

Schmidt described the youth as a member of the Terror Squad street gang who survived on the proceeds of crime.

She said he was 17 years and seven months old when he committed the offence, so almost an adult.

Schmidt said the facts in the case warrant an adult sentence.

She added that the youth also has a prior record.

Schmidt noted the youth chose to participate in the plan, while he and his co-accused were armed with loaded guns.

“He had a key role in this offence in that he kicked in the door and then he shot Mr. Gatzke,” she said. “Then he argued with his co-accuseds about who had shot him.”

Schmidt said the youth hasn’t come to terms with the fact “he had committed a very serious criminal offence that has a profound affect on others.”

She added he refuses to take responsibility for his actions, and instead reflected a certain “bravado” and “entitlement” that comes with his decision to hold membership in the Terror Squad gang.

“The Crown submits that [he] has chosen to put his membership in that gang above all else in his life,” she said.

Schmidt noted reports indicate he is “entrenched in the gang and has no motivation to change.”

“I argued … the fact that this was a Terror Squad motivated offence and that [the accused] is clearly a member is not really in dispute,” she said.

She wrapped up saying a youth sentence for the accused who is now 21 years old would be of insufficient length to address the seriousness of the accused’s role in Gatzke’s death, adding that an adult sentence is also needed so he has access to rehabilitative measures.

Schmidt said: “While the shooting was reactive [his] blameworthiness was high.”

She added the court should be concerned by the accused’s desire to take credit for the shooting.

“Immediately after the offence he argued with his co-accuseds about who had actually shot Gatzke. Immediately after the offence he wanted to take credit for it. Then, he got into jail and he immediately self-declared as a Terror Squad member,” Schmidt said.

Gang problem in Battlefords

Schmidt finished her report to the court saying the “gang problem in this city and this area is huge,” adding it can’t be overstated “the kind of terror” that these gangsters are imposing on the community.

“This offence that [the accused] and his friends committed is perhaps the worst-case scenario, but it is something that needs to be specifically deterred in our community,” she said.

Pocha described the incident as a botched robbery, saying “someone losing their life was not the plan.” Based on her recollection from details of the trial, she was opposed to any idea of the accused wanting to take credit for what happened when Gatzke was killed.

“It wasn’t bravado,” she said.

Pocha said that afterwards the youth and the co-accuseds argued the plan wasn’t supposed to happen that way.

She also said she takes issue with the Crown’s position that there is no motivation for the youth to change, saying that he is a young man and could benefit from programming in a federal prison.

Pocha also noted that the youth has substance abuse problems and had a challenging upbringing.

“An eight-year sentence is what’s appropriate,” she said.

When Ryan Gatzke’s family presented their victim impact statements, Ryan’s mother June Gatzke said her life has changed drastically since Ryan was killed, saying his death has left “a huge void in my life.”

On hearing that the accused had a difficult upbringing, June said “growing up with abuse and trauma doesn’t justify taking another life.”

Justice Heather MacMillan-Brown reserved her sentencing decision to a future date. A private conference call is planned for Jan. 29 to discuss a potential date.

The three other offenders in the case have already been sentenced.

Police previously reported, Gatzke, 27, was found with serious injuries in a Battleford home on Oct. 18, 2019, and was later declared deceased after being taken to hospital.

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angela.brown@pattisonmedia.com

On Twitter: @battlefordsNOW

by Angela Brown

Judge reserves sentencing decision for youth convicted in Gatzke death

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