Dakota Dean Whitstone leaves court in custody following his sentencing Friday. (Angela Brown/battlefordsNOW staff) 

By Angela Brown

Sentencing hearing

Onion Lake man sentenced in death of his brother-in-law

Nov 14, 2020 | 9:06 AM

An Onion Lake man, who previously pleaded guilty to manslaughter for his brother-in-law’s death two years ago, was sentenced in Queen’s Bench Court in Battleford Friday.

Dakota Dean Whitstone, 22, received 7.5 years in custody, less credit for time served, for the death of Tyson Blair Crosschild in Aug. 2018.

According to the agreed statement of facts, Whitstone fatally stabbed Crosschild following an altercation in Onion Lake.

Crosschild incurred multiple stab wounds, one of which entered his heart.

According to the RCMP’s prior report, Crosschild, 28, was found outside an Onion Lake Cree Nation home in medical distress on Aug. 11, 2018, and was later pronounced deceased at the hospital.

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Victim impact statements from Crosschild’s mother as well as Crosschild’s wife, who is also Whitstone’s sister, were read during court.

Whitstone’s pre-sentence report submitted indicated Gladue factors were an issue.

When he addressed the court, Whitstone expressed his remorse, and appeared to hold back tears, while saying: “I accept full responsibility.”

“I’m sorry…,” he said. “I want my brother’s family to know.”

Mitigating factors included Whitstone’s young age, acceptance of guilt, and a guilty plea, albeit late. Aggravating factors include the number of stab wounds inflicted, and the fact that Whitstone attacked Crosschild 20 minutes after the initial altercation between the two ended.

Defence lawyer Carl Swenson said Whitstone ended up “over-reacting” in the situation, after he was assaulted earlier by Crosschild in the fight.

Whitstone was originally set to stand trial for a charge of second-degree murder in the case. But instead, he pleaded guilty to the lesser charge of manslaughter on Sept. 21, 2020, which was accepted by the Crown.

During the sentencing hearing Friday, the Crown recommended eight years in custody. The defence lawyer suggested 2.5 to 4 years, and also recommended treatment for substance abuse.

Chief Justice Martel Popescul ultimately sentenced Whitstone to 7.5 years in custody, less a total credit of 25.5 months when factoring in time served. A DNA sample was also ordered. Whitstone received a lifetime firearms prohibition.

It was also recommended he serve his time at a healing lodge.

Popescul concluded by giving his “deepest condolences” to the friends and family of Crosschild.

“You have suffered a tremendous loss, and hopefully this process today will prove to be a point in time in which you can move on with your lives, and hopefully be able to celebrate Crosschild’s memories, as opposed to the grief I am sure you are still suffering,” he said.

To Whitstone, Popescul said “you will have to live the rest of your life with the knowledge you killed your brother, and your sister’s husband. How you deal with that in a positive way by becoming a role model or in a negative way by continuing with a life of violence and crime is entirely up to you.”

Outside of the courthouse, Swenson later summed up the situation of that fateful day two years ago, saying “it was a blur of a night for everybody, and two brothers ended up being only one brother.”

Following court, Whitstone said it is something he will “have to live with for the rest of my life.”

“I’ll use this time wisely to be a better me for my family because they have been there for me through thick and thin,” he added.

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angela.brown@jpbg.ca

On Twitter: @battlefordsNOW