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Crime and punishing injuries: A victimѻýs ordeal

Once the external marks of a violent attack fade thereѻýs more to contend with
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John Smithѻýs nightmare started here on this street in downtown Kelowna.

It took just nine minutes to destroy the life John Smith spent decades building.

He was walking his daughter to school April 1, 2016, with her backpack slung over his shoulder.

ѻýWe had literally just stopped holding hands after crossing the road and he got us,ѻý said Smith, who asked to use a pseudonym for this article, due to ongoing fears of his assailant.

Using the backpack, a man who has since been identified by the courts as Marc Andrew Fines, pulled Smith toward him and repeatedly punched him in the back of his head. Smith turned around at some point and incurred countless more shots to his face.

Eventually he was overcome by the weight of the attack and fell to the ground where the beating continued.

ѻýI donѻýt remember any of it, but I know what Iѻýve been told,ѻý he said.

ѻýMy daughter watched the whole thingѻý it was about nine minutes. They call it an attack on me, but I call it an attack on her. She was put in a position where she was helpless.ѻý

As Smith was pummelled, his 8-year-old daughter stood silently in the middle of the street, fearing the attack would worsen or turn toward her if she said anything.

She wanted someone to stop and help, and eventually they did.

Some ladies came out of the Ellis Street Bliss Bakery and tried to chase him down.

Fines got into a grey Ford sedan, and tried to run them all down.

Mounties got wind of the attack and started to look for Fines. A Mountie who had been at the Queensway bus loop drove toward him and Fines allegedly rammed into his cruiser, accelerating before impact.

According to a press release from Cpl. Jesse OѻýDonaghey the day of the attack, Fines then allegedly advanced on the stunned police officer from the open driverѻýs side window of his cruiser.

ѻýNearby construction workers were quick to jump into action to assist the police officer,ѻý said OѻýDonaghey. ѻýThey aided the officer in controlling the suspect who was subsequently taken into police custody.ѻý

The story made headlines across the city, largely for the violence against the Mountie and related heroics from nearby construction workers. What was lost in the police rendering was how significantly injured Smith was, and what it really means to survive a life-altering assault.

ѻýThey made what happened to me sound like two kids fighting over a toy,ѻý said Smith, referring to police continually referring to his attack as a backpack theft.

ѻý(From the attack) I lost my memories of my daughter as a baby and lost my memory of my dad and family. So now that I have a brain injury and mental illness where does that put me if he got off? I am happy one day and depressed the next. I just want my life back.ѻý

ѻýANYWHERE ANYTIMEѻýѻý

Mark Fines was found not criminally responsible for his violent rampage through Kelowna.

The Criminal Code explains that while he did commit the acts he was accused of, it was ѻýwhile suffering from a mental disorder that rendered him incapable of appreciating the nature or quality of the act or of knowing that it was wrong.ѻý

Next Tuesday the matter will be before a three-person panel from the B.C. Review Board at the Forensic Psychiatric Hospital in Coquitlam, where Fines is being held.

Meanwhile, Smith just finished the victim impact statement that will be read at that hearing and itѻýs caused him to look at his life more closely. For one thing, he doesnѻýt like being called a victim, but given his helplessness in the situation the title fits.

Not long after the incident, Smith was asked to speak at an event about victims of violence. He told his story, and someone in the audience said he should be ashamed for taking his daughter out downtown so late in the evening.

When he told her the attack they suffered was at 8 a.m., in a neighbourhood surrounded by high-end condos the crowd went silent.

ѻýѻýAnywhere, anytime, anyplace, anyone ѻý thatѻýs basically how I look at attacks now,ѻý he said.

ѻýItѻýs now an odd thing. I notice (potential safety threats) all the time. I saw a lady while I was walking downtown the other day and she was leaning into her car with her back facing the street and I thought, ѻýyou know, what an easy target.ѻýѻý

In addition to continually identifying where problems could arise, he doesnѻýt enjoy walking around his neighbourhood. That, however, is just the tip of the iceberg.

INVISIBLE DAMAGE

Smith doesnѻýt bear the physical scars of his attack, and is pleasant to speak with. There are no strange tics or behaviours that send up red flags.

But that doesnѻýt mean heѻýs OK. In fact, surface level normalcy is almost a disadvantage.

ѻýI cry a lot. I get emotional easy,ѻý he said, explaining that heѻýs overwhelmed by the volume of tasks his brain has to sort through to do the simplest of things, like making coffee.

In the time since his injury heѻýs created plans that allow him to function, but if something goes awry itѻýs hard to recover.

Not long ago, as an example, he needed to get gas. The station he usually uses was too far away so he had to go elsewhere.

There the digital screen on the pump didnѻýt allow gas to flow until he answered whether he wanted a car wash, and he couldnѻýt process how to move forward.

As he felt the pressure mount he went into a car and Googled what to do on his smart phone, rather than speaking to the teenager in the store who would likely have been confounded by the simplicity of the questions.

It would have frustrated them both. This is why Smith actually has sympathy for his attacker.

ѻýI can see why people who have brain injuries get tasered,ѻý he said. ѻýYou get used to independence, and as an adult you should be able to do certain things. Itѻýs frustrating when you canѻýt do it and when people try to help itѻýs even more frustrating.ѻý

AFTER THE HEADLINES

ѻýPeople have often asked me why Iѻým not angry at the guy who did this,ѻý Smith said.

ѻýI mean, there is some anger there, but Iѻým not mad at him. Iѻým more mad at the system.ѻý

For people dealing with invisible barriers like brain injuries or mental health problems, itѻýs hard to find the right kind of help.

He has a counsellor funded through victim services limited, but thereѻýs been little to help with the life expenses that have piled up since the incident.

He didnѻýt have a job at the time, so he canѻýt get any wage loss supplement. Also, it will take a couple of years before itѻýs clear whether his brain injury is permanent, so he canѻýt get any assistance from that. He could get social assistance, but then heѻýd lose his rental assistance. While he treads water, heѻýs having a hard time finding a path forward.

ѻýThe attitude of service providers is, ѻýif you donѻýt come to us weѻýre not coming to you,ѻýѻý he said.

Trouble is, he doesnѻýt know where to go because heѻýs starting life anew.

ѻýPeople think, ѻýoh, he looks normal,ѻý so I must be high-functioning,ѻý he said. ѻýThe less normal I look the more help Iѻýd get, but then you get treated like that and Iѻým never going to get any help in that way.ѻý

Someone once told him heѻýd be better off if heѻýd committed a crime. Then the system would wrap around him. The shortcomings of the system are why heѻýs sharing his story.

STARTLING STATISTICS

Roughly 80 per cent of Canadian prison inmates have sustained a brain injury, said Marcie McLeod, director of client services, for BrainTrust Canada, in Kelowna.

Itѻýs no coincidence, she explained. Once a person suffers a brain injury they have to deal with everything from a change in personality to memory impairments, which can cause more problems.

ѻýBut the biggest one is impaired judgment and inability to control impulsivity,ѻý said McLeod.

ѻýWeѻýve had clients who are in a store, who think, ѻýI want some cheeseѻý and they donѻýt think of the consequences of taking the cheese.ѻý

In some cases people are quick to anger or donѻýt have good control or emotional management, and that causes even more side effects, like turning to drugs and alcohol, and the downward spiral can continue from there.

ѻýWe talk about brain injury being an invisible disability,ѻý she said. ѻýNobody can see you are struggling in your brain. All of our clients say, ѻýif you go in with a wheelchair, they would know what your disability is or what your challenges are.ѻýѻý

Trying to explain how your cognitive deficits play outѻýthatѻýs an invisible problem.

For their part, BrainTrust just tries to support clients as they navigate a new world.

ѻýEven if itѻýs just a personality change, people maybe donѻýt have the patience to deal with other agencies or maybe feeling overwhelmed or over-stimulated by dealing with that many service agencies,ѻý she said.

While Smith tries to navigate his world, his family is doing what they can to help him get the financial support he needs. They recently started a GoFundMe titled where they further describe the challenges ahead of them.





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