INTERESTING NEWS Canada’s Oldest First Nations Newspaper - Serving Nuu-chah-nulth-aht since 1974 Canadian Publications Mail Product Vol. 51 - No. 11—May 30, 2024 haas^i>sa Sales Agreement No. 40047776
Tears of forgiveness as couple sentenced for death Rykel and Mitchell Frank address their wrongdoing, in which boy was killed in 2018 due to blunt head trauma By Denise Titian Ha-Shilth-Sa Reporter Port Alberni, BC – A Port Alberni couple has been sentenced to 15 years after they pled guilty to manslaughter in the 2018 death of six-year-old Don-Tay Patrick Lucas. Following sentencing on May 16, the judge allowed members of the Lucas family, including Don-tay’s biological father, to stand before the accused to offer words of forgiveness to them. There wasn’t a dry eye in the courtroom as the family reached out with words of love and compassion. But first, the court heard the joint submission from prosecutors and counsel for the accused, along with victim impact statements and Gladue Reports. The judge told the spectators that Gladue reports examine the impacts of colonial policies, discrimination and racism on accused Indigenous people. Gladue reports, said the judge, attempt to address the overincarceration of Aboriginal people in Canada. It is not, he said, a discount, as some people believe. Both Rykel and Mitchell Frank pled guilty to involuntary manslaughter in November 2023 and have been in custody since their arrests on May 6, 2022. They were initially charged with first degree murder, but last year this was downgraded to manslaughter with their guilty pleas, avoiding a trial. The court heard from Rykel and Mitchell, who both apologized to the families and the communities affected by their actions. The couple, the court heard, are remorseful and entered guilty pleas to be accountable for what they did to spare the family the pain of a trial. “Not asking for help was the biggest mistake I ever made, and if I could change places with my son, I would,” Rykel told the court. Rykel Frank (nee Charleson) is the mother of Don-Tay Patrick Lucas with her former partner, Patrick Lucas. The couple had two other daughters. Following their breakup, she began a relationship with Mitchell Frank. The couple married shortly before Don-Tay’s death in 2018. According to her Gladue report, which had portions read in court, Rykel was abandoned by her father before birth and then abandoned again by her mother, who was in addiction at the time. Rykel was raised by her grandmother until she was five years old, the year her grandmother passed away. She went back to her mother, who was a residential school survivor suffering
Denise Titian photo
Family members of Don-Tay Lucas, including the boy’s father Patrick Lucas (far left) stand outside the Port Alberni Law Courts on May 16 before the manslaughter sentencing for the boy’s death. from untreated trauma which “leaked a one-year-old child together. Rykel had onto Hannah”, according to the Gladue just suffered a miscarriage, the court report. Hannah is an alternate name used heard, when Don-Tay and his sister were by Rykel. The defence lawyer noted that returned to her care. Along with their in Rykel’s family tree of 500 people, own children, Rykel had in her care her more than 200 of them went to residential six-year-old sister. school. Overnight they went from two children “Rykel is first generation not to go,” he to four. They didn’t have formula for stated. their hungry infant, they had limited life As she grew into her teens, Rykel skills and they couldn’t manage the situsuffered physical and sexual abuse and ation, stated the defence. Rykel told her began using alcohol and drugs at age 13. lawyer that she now knows she wasn’t She moved onto harder drugs as a young emotionally ready to take her children adult. back, but she was afraid to tell social Rykel’s mother died in 2022. workers, for fear all of her children would Her husband, Mitchell Frank of be taken into care. Ahousaht, grew up in a home where alco“They were struggling. People knew hol abuse and family violence was preva- they were struggling. They had no busilent. His Gladue report indicated that he ness taking Don-Tay,” said counsel for grew up witnessing his father injuring his Mitchell Frank. “They were left with mother in acts of violence and sometimes something they could not handle.” turned that violence on the kids. Hanging his head, Mitchell Frank told The court heard that Mitchell Frank the families and the community that he is was raised with poor parental modeling, sorry, and that he loved Don-Tay. He said spending seven years in several foster he is continuously working on bettering homes, from age nine to 16. himself. The report also stated that Mr. Frank According to defence lawyers, the struggled with suicidal ideation and alco- couple began abusing Don-Tay in ways hol addiction. that they learned along the way. From By the time of Don-Tay’s death, MitchDecember 2017 to March 2018, Don-Tay ell and Rykel moved in together and had was subjected to various forms of violent
Inside this issue... Excitement and pride at Kyuquot gathering...................Page 2 Summer drought expected for VI...................................Page 5 C*išaa%ath= Lightning tournament held in PA.............Pages 8&9 Naa%uu event showcases culture.................................Page 10 Canoe steaming in Esowista.........................................Page 15
abuse. His death was caused by blunt force trauma to the brain. In his sentencing, the judge said no jail term will bring Don-Tay back, but the sentence must reflect society’s condemnation of the crime. The judge sentenced both to 15 years less time served, which amounts to 143 months each. Ancillary orders for both Franks include a prohibition of firearms possession upon release and they must provide DNA samples to be added to the national database. Following sentencing, the judge allowed the Lucas family an opportunity to speak to Rykel and Mitchell. The couple stood, in shackles, facing the family. “Hannah (Rykel’s other name) and Mitchell,” said Don-Tay’s grandmother Judy Campbell, through tears. “We forgive you.” She noted that the Charlesons, Franks, and Lucas’ are huge families. “It hasn’t been easy, but we must do this in order to let our little man rest,” she told the accused. Another young woman spoke, telling Rykel and Mitchell that their girls are so precious. “We want you to know that you guys are loved and missed in the community,” she told them through sobs. Rykel, wiping her tears, heard another family member say, “I love you – I’ve always told you that.” “It’s been very difficult, but I forgive you guys, both,” said Don-tay’s father, Patrick Lucas, before being helped out of the courtroom in the arms of his sisters. In a statement from the Nuu-chah-nulth Tribal Council, President Cloy-e-iis, Judith Sayers, said she hopes that the sentencing brings some solace and healing for those affected by Don-Tay’s death. “Our thoughts are with the family, friends and communities of Dontay Lucas who continue to remember him and grieve his loss,” said Sayers. “Our Nation is heartbroken at the loss of this young soul whose tragic death has had a profound and long-lasting impact on the Nuu-chah-nulth communities.” “We all want justice for Dontay. We hope today’s sentencing provides some comfort to all who have been impacted,” added NTC Vice-President Les Doiron. “The NTC deeply respects the strength of the Lucas family in expressing forgiveness to Rykel Charleson and Mitchell Frank in the courtroom after sentencing. We encourage everyone to respect this tremendous act of forgiveness so that Dontay can finally rest and his family, friends and community can continue on their healing path.”
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