Just over three years after the death of 19-year-old Kendra Samson of Esk'et, south of Williams Lake, friends, family and community members remember Samson for her joy and contagious laughter.
“Kendra was a beautiful girl,” were the words of one community member as read from a victim impact statement at the Williams Lake Supreme Court on Tuesday, April 22. “Kendra is loved, missed.”
Samson’s life was cut short on December 20, 2021, by Waylon Darian Harry, who was found guilty of Samson’s manslaughter nearly one year ago.
Harry’s sentencing hearing began shortly after 10:40 a.m. on Tuesday, with just under 50 people seated in the gallery. An hour before the hearing began, Kukpi7 (chief) Fred Robbins of Esk’etemc led a drumming ceremony outside the Williams Lake courthouse. Smudging, singing and praying supported community members ahead of the hearing, which ran until shortly after 4:20 p.m.
With his wrists and ankles cuffed, Harry was escorted into the courtroom at 10:35 a.m. wearing a clean, dark suit with dim stripes, black-rimmed glasses and his hair cut short.
Presiding over Harry’s court case was Madame Justice Marguerite Church, who found Harry guilty of manslaughter in April 2024 when he was on trial for the harsher offence of second-degree murder.
During Tuesday's hearing, a victim impact statement submitted by Samson’s relative expressed the community’s shock at Church’s verdict. “How is this justice,” read the statement.
Church decided upon the lesser conviction due to both his and Samson’s high level of intoxication at the time of her death, which had Church believe Harry did not have the intent required to be found guilty of murder. Church also said there was no apparent motive as the two were good friends.
Harry, who has a criminal record dating back to 2016, was 23 at the time of the offence. He and Samson were both members of Esk’etemc and had become close leading up to Samson’s death.
Now 27-years-old, Harry’s head hung low at times through the hearing which described how a once close-knit community was immediately torn with the news of Samson’s death.
“Our entire community went quiet, deathly quiet,” read a victim impact statement.
The Crown proposed a sentence of eight to ten years of incarceration minus any credit for Harry’s time spent in custody prior to his sentencing.
Defence asked for a sentence of four to five years with time already served to be subtracted.
Among the considerations for the length of Harry’s sentence were both his and Samson’s statuses as vulnerable members of society. In considering Gladue Principles, which aim to address the over-representation of Indigenous people in the justice system, courts should consider the circumstances of an Indigenous person’s background in passing a fair sentence.
According to Legal Aid BC, Gladue factors to consider include the challenges of racism, loss of language, removal from land, Indian residential schools and foster care. Other sentencing principles a judge must consider are aggravating circumstances such as the abuse of an intimate partner.
At the end of the hearing, Harry addressed the court, family and community.
“I wanted to apologize for what happened.... I’m really remorseful and I'm sorry for what happened. I can’t give you that time back,” Harry said. “I’m just sorry for what I did, I do accept my consequences and what happens after this,” he added, before shaking his head and stepping away. Harry said he had more to say which he wrote down on a paper, but he appeared not to have it with him.
Outside of the courthouse, Kukpi7 Robbins told simplymastery he felt drained.
“The system is flawed,” he said, noting Gladue Principles should not be used for serious offences. Theft cannot be compared to killing, he explained, nodding to a previous case which was referenced during the hearing.
Robbins said he was worried Harry would be “let off easy.” He also said he feared for both Harry and the community’s safety if he returned to Esk’et.
Church said she would need time to consider what she heard. She will be meeting Crown and defence on May 12 to fix a final date for the sentence, which they anticipate will be on May 20.
