B.C.’s Court of Appeal in Vancouver. (Photo: Tom Zytaruk)

Judges dismiss appeal of Surrey teen who rioted in jail and stomped on someone’s head

Court of Appeal heard 17-year-old boy, who cannot be named, fantasized about being a serial killer

A young offender who stomped on a person’s head and participated in a six-hour riot that resulted in more than $150,000 in property damage at a youth corrections centre has lost an appeal of his 16-month custody and supervision order.

The sentencing judge had heard from Dr. Stefanelli, a psychiatrist who determined the young offender clearly suffers from a serious psychiatric disorder, “most likely schizophrenia,” and will require “close monitoring within the community.”

Stefanelli’s report indicates the youth “developed fantasies about hurting and killing others. For a period of time, he had fantasies of being a serial killer. He liked the idea of terrorizing a community.”

The offender, who was 17 at the time, was one of five inmates who rioted on July 19, 2016 at the Burnaby Youth Corrections Centre (BYCC). The Youth Criminal Justice Act shields the identity of the young man, whose family lives in Surrey.

The Court of Appeal upheld a provincial court judge’s decision to sentence the young offender, identified only as I.Z.N., to a 12-month CSO for his role in the riot, with six month’s concurrent for mischief related to the property damage and four months consecutive for assault causing bodily harm. The sentencing judge gave him eight months’ credit for time served, reducing his global sentence to eight months. He was also sentenced to one year’s probation, a two-year weapons prohibition and was ordered to provide a DNA sample.

Justice Mary Newbury, in her reasons for judgment, concluded that “the fact that the offences took place in the context they did makes it inappropriate, in my respectful view, to extend any particular ‘break’ to this offender.” Justices Peter Willcock and Susan Griffin concurred.

READ ALSO: Accused in Surrey day-spa incidents due back in court May 10

READ ALSO: Case of teacher secretly filming teens reaches top court

READ ALSO: Judge finds search and arrests were unlawful in Surrey drug and gun case

The youth had pleaded guilty to the three charges. The court heard he did not participate in the July 19, 2016 riot to the extent of others, but has a record for violence and was considered a high risk for recidivism.

“It is to be hoped that with medications and continued supervision he will manage to control his psychotic and violent episodes,” Newbury said. “From Dr. Stefanelli’s report it may be inferred that the realization he might attract significant custody on re-offending is an important factor in deterring I.Z.N. from further misconduct.”

An office and living units were destroyed during the riot, and a fire was started in one of the units. The court heard this particular youth did not participate in the arson and the sentencing judge noted “his involvement in the riot was at the lower end.”

Then on Sept. 14, 2016, he and three other inmates swarmed another youth and an individual identified as “Mr. G,” who suffered traumatic brain injury and parenchymal bleed, multiple contusions with a periorbital hematoma, a nasal fracture and lacerations to his scalp.

Much of the riot and assault was caught on camera, Newbury noted. After Mr. G fell to the floor, the youth was observed kicking or stomping Mr. G “in the area of his head.”

The youth already had a court history for robbery and assault. The appeal court also heard he was involved in another violent attack at BYCC in March 2017, having taken a running leap and landing with his two feet on the head of someone who was on the ground.

He is eligible for Special Federal Funding (SFF) up to $50,000 per year “to support his rehabilitation,” the provincial court judge noted at sentencing. The judge also noted the offender wants to continue working with a roofing company, his mother confirmed he could attend day classes at Invergarry Adult Learning in Surrey, and that the offender “expressed an interest in martial arts and his grandmother located a martial arts program in Surrey which teaches respect, patience and confidence called Team Bad Boy Outreach which would be available to him.”



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Surrey business groups dig in heels on LRT

Mayor-elect Doug McCallum and his coalition aim to cancel LRT in favour of extending SkyTrain

New faces on Surrey council: Who they are and how they got here

The council includes seven of eight candidates who ran with Doug McCallum-led Safe Surrey Coalition

UPDATE: Missing Surrey girl, 15, located

Surrey RCMP sought help to locate Hailey McClelland

Surrey’s mayor-elect McCallum has big promises to keep

From estimated 337, 289 eligible voters in Surrey, 109,791 votes were cast for 32.5 per cent turnout

Dancing zombies expected in droves at Surrey’s ‘Thrill the World’ event

Michael Jackson’s iconic video inspires group-dance gatherings around the globe

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

Vancouver mayoral hopefuly admits defeat, congratulates winner Kennedy Stewart

Ken Sim of the Non-Partisan Association apologized for the time it took to acknowledge Stewart won

Mental fitness questioned of man charged in Chilliwack River Valley shooting

Peter Kampos told his lawyer ‘his dreams are being stolen and turned into drugs’ at Surrey Pre-trial

Fraser Valley mom stuck in Africa over adoption delay

Kim and Clark Moran have been waiting four weeks to bring son home

B.C. government moves to tighten resource industry regulations

New superintendent will oversee engineers, biologists, foresters

Election watchdog seeks digitally savvy specialists to zero in on threats

Move follows troublesome evidence of online Russian interference in the 2016 U.S. election

More court before Dutch man charged in Amanda Todd case is extradited here

Appeals must be dealt with in Europe, before charges faced in B.C.

Most Read