Amanda Dumont kept her head down in the prisoner's box as her three oldest children described the anger, sadness, and guilt they have felt since the scalding death of their baby brother, Ryker Daponte-Michaud.
The three girls, aged 8, 9, and 13, delivered victim impact statements at the sentencing hearing for Dumont and her former boyfriend Scott Bakker at the London courthouse Wednesday.
Dumont and Bakker were found guilty in September of criminal negligence causing death and failing to provide the necessaries of life in Ryker's death. The 20-month-old died of dehydration and shock in May 2014, three days after suffering second and third degree burns from a cup of scalding hot coffee.
“I dream about Ryker, I have bad dreams I hurt Ryker. My good dreams are that he never died," said Ryker's 9-year-old sister, who also stated she was blamed for spilling the coffee. "That wasn't fair because I was only 5 years old."
The statements were read to the court on behalf of the three children, whose names are protected under a court order. The 9-year-old and middle child described tripping over Ryker's lifeless body after being told to get her shoes when the police arrived at their Strathroy home the day he died. She recalled his blue lips. The youngest sister, too little to understand what had really happened, originally believed Ryker had died from a spider bite. She stated plainly, "I am happy I am not living with Amanda."
The oldest girl, who would take Ryker into her bed for late night feedings, recalled the terrible smell of Ryker's burns and his bedroom.
“I was scared that something was happening to Ryker and did not know how to fix it,” the 13-year-old said in her statement.“I am angry and mad that my mom could have helped Ryker and didn't. I am kind of angry and kind of mad at Scott, because he was an adult and could have helped Ryker."
For Ryker's birthday, the girls went to the cemetery with their foster mother with flowers, toys, and timbits. At least two struggle with feelings of guilt as they often cared for Ryker. All three have been diagnosed with post-traumatic stress disorder and attend therapy. The court heard that the sound of sirens fills them with anxiety. The youngest is convinced her mother is in passing police cruisers and her dead brother is in any ambulances she sees.
The girls' foster mother told the court she put pictures of Ryker she found on social media into a book for the girls, because they were left with nothing to remember him by. They frequently flip through the picture book together, but the kids will soon be separated, as each will go to live with their biological fathers.
That will "add another layer of loss," their foster mom said.
An autopsy found Ryker had second and third degree burns over 25% of his body, on his upper legs, genitals, back, and buttocks. Photo evidence of his burns presented during trial were described as “severe and grotesque” by Justice Renee Pomerance. Had he been taken to hospital his chance of survival would have exceeded 95%.
In the days that followed his scalding, neither Dumont nor Bakker sought medical help for Ryker. The pair even went as far as to lie to family about getting the toddler help.
Perrie Douglas, Bakker's co-counsel, is asking for a sentence of four-and-a-half to seven years to be served at the Ontario Correctional Institute. She asked Pomerance to take into account his rough childhood, possible brain damage suffered at birth, mental illness, and lack of education.
"It's appropriate in this case because rehabilitation is so important for Mr. Bakker. That will allow him to serve his sentence somewhere where he can get the treatment that he clearly needs," Douglas told reporters outside of the courthouse. "He did not have much of a chance and had a record from an early age. He's been institutionalized from the age of 14 so something needs to happen to break that cycle."
Bakker has been convicted of 40 offences, some violent.
Pomerance took issue with suggestions from the defence that Bakker was less morally culpable than Dumont.
"This was a joint enterprise. They colluded not to provide care," Pomerance stated.
Defence lawyer Ken Marley. (Photo by Miranda Chant, Blackburn News)
In his sentencing submission, Dumont's lawyer Ken Marley argued for a sentence of four to five years to be served at the Vanier Centre for Women in Milton. That is where Dumont is currently being held and Marley said, while there, Dumont has gained employment in the laundry, counselled other inmates, and reconnected with religion. She has completed 30 correspondence bible courses through New Life Prison Ministries with an average score of 95%.
"She has great rehabilitative potential," Marley said. "This is not someone who has drifted through life."
Marley also noted the death of Ryker has had a "profound affect" on Dumont.
But while both Dumont's and Bakker's lawyers asked for the lower end of the sentencing range, Assistant Crown Elizabeth Mcguire delivered a submission requesting that both be given 12 years in prison.
Mcguire described Dumont as "self-interested" pointing to the pre-sentence report in which Dumont expressed concern over the way she was portrayed in the media and her refusal to accept responsibility in Ryker's death, blaming Bakker.
"This was not just neglect. There was deliberate hiding of injuries. There was deliberate lying," Mcguire said.
She also indicated Bakker's decision to dump "drug paraphernalia" before calling 911 after finding Ryker non-responsive as example of the self-centred actions of Bakker.
Both Dumont and Bakker were given the chance to address the court. Both declined.
Justice Pomerance will deliver her sentencing decision Thursday morning.
