‘I’m not okay’: Victim’s family still waiting for closure in 2023 Poundmaker second-degree murder case

The conviction carries an automatic life sentence. What remains for Wempe to decide is how long Fox must serve before he can apply for parole.

The Crown is seeking between 15 and 20 years, while the defence argued for the minimum 10.

“I understand this has been going on for some time. Everybody wants to put this behind them… I do want to make sure to give a thoughtful decision,” Wempe said Monday.

(Image Credit: Krista Fox/Facebook)

Before lawyers argued over that parole-ineligibility period, Bearsears’ family told the court what his death has meant to them.

His sister, Kaylyn Bearsears, recalled seeing her brother’s body and noticing the wound on his head. She touched it and, for a moment, expected the kind of reaction she would once have received from him.

“I felt like he was just gonna get up and get mad at me…ask me what I was doing,” she said.

Kaylyn said she stayed beside her brother’s open casket in the days before his funeral because she did not want to miss the final moments she would have with him.

Another sister described Bearsears as more than an older brother. He had protected her while she was growing up and was supposed to walk her down the aisle at her wedding.

She also spoke about reaching a milestone she never expected.

“This year, I turned 32. I’m a year older than my big brother. I didn’t think I would be older than him. I love him and miss him every day.”

Other family members described nightmares, anxiety, fractured relationships and the pain of watching Bearsears’ children and relatives continue their lives without him.

The focus then shifted to how long Fox should have to wait before becoming eligible for parole.

Crown prosecutor Oryn Holm characterized the killing as an act of vigilante justice tied to a sexual assault charge Bearsears was facing after an allegation involving Fox’s niece.

Bearsears had denied the allegation and pleaded not guilty, with a preliminary hearing scheduled for January 2024. Wempe found at trial that Fox had learned about the allegation before the killing and that it provided a motive.

“In that moment, Mr. Fox acted as judge, jury, and executioner,” Holm told the court.

Holm argued Bearsears had little opportunity to flee or defend himself, saying the rifle was touching the back of his head when he was shot. He also pointed to Bearsears’ body being left in a field afterward.

The Crown also highlighted Fox’s criminal history, telling the court he has roughly 55 previous convictions, including weapons and violent offences and numerous breaches of court orders.

Defence lawyer Pamela Wayman argued the minimum 10-year parole-ineligibility period would be appropriate and asked Wempe to weigh Fox’s personal and Indigenous background alongside the seriousness of the offence.

Court heard about the intergenerational effects of residential schools in Fox’s family, periods he spent in foster care, childhood abuse and early exposure to substance use. The defence also pointed to his family relationships, cultural and spiritual connections and opportunities for treatment and programming while in federal custody.

At the end of the hearing, Wempe gave Fox an opportunity to address the court.

He declined.

Bearsears’ mother said afterward she had hoped to hear something from him.

“He did the crime; he should say something, or at least [say] sorry to us, but he had no heart for us or his niece, so he just thought about himself. He didn’t think about anybody else,” she said.

The loss of her son and the court process have taken a heavy toll.

“It’s affecting me a lot. I can’t even work. I can’t focus, I can’t, I can’t even think,” she said. “Like, right now, you’re getting a dazed mom. I’m not okay.”

At trial, Wempe found Preston Checkosis was driving Bearsears’ truck, with Bearsears in the front passenger seat and Fox seated behind him when the shooting occurred.

Bearsears’ body was found the following day in a rural area on Poundmaker Cree Nation. His truck was later found abandoned at the Little Pine transfer station.

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Kenneth.Cheung@pattisonmedia.com

by Kenneth Cheung

‘I’m not okay’: Victim’s family still waiting for closure in 2023 Poundmaker second-degree murder case

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