Serial rapist who absconded from halfway house caught, sentenced for breach of conditions

(Original Post 10-25-09)
A serial rapist and attacker of women is being sought on a Canada-wide warrant by the RCMP after absconding from a Calgary, AB halfway house. Dean Robert Zimmerman, 44, is believed to be heading back to the Abbottsford, BC area from Calgary.

According to RCMP Sgt. Rob Vermeulen, “Zimmerman has ties to both the British Columbia Interior and the Lower Mainland and there is a likelihood that he could attempt to reach these areas.”

Calgary police expect Zimmerman to offend again, citing his long history of sexual and physical assaults against women. Const. Jason Bobrowich, with the Calgary Police Service high risk offender unit, says that  "It's totally a matter of when; it's not even if. Eventually, he will come into contact with a female and he will target them. Past behaviour is a predictor of future behaviour."

Zimmenman was released to a halfway house under a curfew after serving 40 months of a prison sentence for sexual assault and forcible confinement. The victim was a 24 year old Edmonton, AB woman. The three Canada-wide warrants he's wanted on include two breach of release conditions, and a fraud charge. Authorities believe that this was always Zimmerman's plan.

Bobrowich says that "I don't think it was his intention ever to stay in the Calgary area and be monitored by us for two years. Probably he worked out as much as he could while in jail."

Zimmerman's sexual criminal history began in 1995, when he served three years for the rape of a Abbottsford, BC woman. It was there that his second wife met him, despite the rape conviction and despite the ongoing marraige to another woman.

The second wife found out just how much of a criminal Zimmerman was in June 1998, when near Mission, BC he beat her, while pregnant, and allegedly raped her at knifpoint in a tent over a 12 hour period. In 2001, a jury convicted him of physical assault and obstruction of justice, bur acquitted him of sex assault charges. Zimmerman's last contact with British Columbia authorities came in 2005, as he was being sought for the Edmonton rape.

On Tuesday, [Calgary] police released new photos of Zimmerman, including ones that have been digitally altered to show how he would look with a beard or if he shaves off his goatee.

Bobrowich said the fugitive is known to alter his appearance and likely has changed his looks--growing out his hair for example -- to keep the public from recognizing him. Police also have photos of him leaving his home, dressed for the weather and with a backpack and duffel bag around 4 a. m. on Oct. 13.

Zimmerman has a limited amount of cash, so he may have hitchhiked out of town or taken a bus. He could be staying at a lower-rate hotel or motel, Bobrowich said. Police warned those staying or working at those accommodations to be wary.

Bobrowich worries that Zimmerman may con his way into a woman's life, get her to let him stay at her house or apartment, groom, then rape her. "His violent sexual offences have been as a result of him associating with women. It's very much a power and control, and slow manipulating and grooming process," he said.

Abbotsford Police Const. Ian MacDonald said every police officer in the department has received information on Zimmerman. “I would imagine given the nature of the crime we have a major crime detective who is liaising with other police agencies and an intelligence officer disseminating information,” said MacDonald.

Officers have made attempts to speak to various people in Abbotsford and check last known addresses for the offender, he said. He would not say if any of Zimmerman’s victims were still in the community or seeking police protection.

“We’re fully aware of the background and potential dangers that exist, and are conducting the appropriate inquiries, but due to the nature of his background we won’t be going into details.”

Calgary and Abbottford police are in contact working to apprehend Zimmerman. He is described as an extremely high risk to offend. He is bald, white, 5’9” in height, and weighing 205 pounds. Anyone spotting Zimmerman is urged not to approach him but to call local police or Crime Stoppers at 1-800-222-TIPS.

(Update 6-25-10) Zimmerman was caught in Abbotsford, BC on December 7, 2009, carrying restraining devices (shoelaces which could be used as a ligature to strangle), and  was brought before Provincial court Judge Gerald Meagher Tuesday, June 22. Zimmenman admitted breaching six conditions of his peace bond, which he signed September 29. Those conditions were not abiding by a curfew, not living at a designated Calgary residence, not reporting to his probation officer, possessing a knife, possessing a weapon dangerous to the public peace and possessing shoe laces tied together that could be used as a ligature.

He was sentenced to 40 months in prison by Judge Meagher, who was concerned about the convicted rapist "continu[ing] to be a high risk for violent recidivism and sexual recidivism." Meagher's assessment of Zimmerman continues below.


  The breaches of the reporting, residency and curfew conditions were serious breaches, because they were part of the framework of supervision to manage the offender's risk to the community. His degree of violence appears to be escalating and he appears to be ambivalent to accepting responsibility for his offences and his victims...These same items, a knife and restraining devices (shoelaces tied with slip knots), had been used on his most recent victim who had been repeatedly sexually asaulted over a period of approximately nine hours of confinement. For these offences Zimmerman served his full sentence, the National Parole Board refusing to grant him parole because of the danger or risk that he presented to the community."

Edmonton, AB killer sentenced to 17 to life declared dangerous offender by Canadian court

(Original Post 6-19-08)
A convicted killer with a history of violence against women was sentenced to 17 years in prison Monday for killing 36 year old Theresa Innes, whose body was found in a hockey bag in a home NE of Edmonton, AB in May 2006. He was found guilty of committing an indignity to a dead body for storing it in the freezer for 5 months before dumping it. Thomas Svekla, 40, was formally sentenced for 2nd degree murder, which carries a mandatory life sentence with a parole period between 10 and 25 years. (1st degree murder carries 25 to life).

The Crown (Canadian federal prosecutors) asked for that maximum sentence for Svekla because of his history of violence against women and the degradation of Innes’ body.

An example of his violence against women includes Svekla’s alleged attack on a High Level, Ab woman in the summer of 2005. He’ll go to trial later this summer for sexual assault and uttering threats.

The woman, who can't be identified, testified at Svekla's trial in Edmonton. She told the court Svekla attacked her and threatened to kill her after they shared a six-pack of beer and went back to his apartment.

Innes’ family testified at the sentencing how there was a hole left by her killing.

Outside court, the Innes family expressed satisfaction with the sentence. They also thanked Crown prosecutor Ashley Finlayson for his dedication to the case. But it will never take the place of the "hole in her heart," said Beverly Innes, Theresa's mother. Earlier in the day the court heard an emotional statement from Innes's son, Mike, who called his mother a "kind and caring person" who had her "up and downs."

"She never missed calling every weekend, on birthdays and Christmas. I remember her laughs and her jokes," Mike Innes told the court.

Svekla's actions have changed all that, he said, his eyes welling up with tears.

"She was not there to see me graduate, she won't be there to see me get married.… Those dreams were taken from me."

The defense attorney for Svekla, Robert Shaigec, conceded his client’s lack of remorse, but still asked for a non-parole period of only 15 years. Justice Sterling Sanderman of the Court of Queen's Bench presided over the four month long trial and the day long sentencing hearing.

Svekla was the first person tried under Project Kare, which is a joint RCMP/Edmonton task force which is probing the murders and disappearances of over 20 women in “high risk” lifestyles over the past 25 years.

(Update 5-29-10) Svekla was declared a dangerous offender Thursday, May 27 in a hearing presided over by Alberta Court of Queen's Bench Judge Christine Eidsvik. She said that a psychiatric report prepared by Canadian officials presented him as a sexual psychopath with a high risk of reoffending. Judge Eidsvik said that Svelka has a "pathology for which there is no cure...It is remarkable the number of people he has injured and harmed."

Besides killing Innes, Svekla was convicted of raping and threatening another woman in September 2008, and sexually assaulting a 5 year old girl back in 1995. Because of this history, Crown Prosecutor Ashley Finlayson said the judge's decision was the right one. "In our opinion, Mr. Svekla was a person with a history of violence against women, and based on the evidence that we had and which we called in court, it was our view he would not have been manageable in the community had he been released."

Kathy King, an advocate for sex-trade workers, said she was relieved with Svekla's designation. [Her] 22-year-old daughter, Caralyn, disappeared from the streets of Edmonton in 1997. Her body was found in a canola field in Sherwood Park, east of Edmonton, in September of that year."I am relieved that whatever happens with the appeal, he will not be out on the streets, because I really truly believe that the women of Edmonton deserve protection from that man," King said.

King said she would still like to know whether Svekla is responsible for her daughter's death.

Dangerous offenders must be held indefinitely until they can prove that they are no longer a unmanageable threat to society. According to Corrections Canada, there are 415 such offenders as of May 27, 2010.

Calgary, Alberta man's bail hearing on rape charges

(Original Post 5-7-08)
Obsession over a former co-worker led a city man to repeatedly rape her — and possibly contemplate killing her —a prosecutor charged today.

Crown lawyer Pat Yelle said the woman had to flee the man’s northwest Calgary home half naked, with her hands cuffed behind her back, to escape.

But defence lawyer Tonii Roulston said David Michael Gendreau has a right to be presumed innocent and will be taking his case to trial.

“I’m not going to put forward a case, I’ll save that for the trial judge,” Roulston said, at a hearing to determine if Gendreau could be released on bail.

The former supervisor with Canada Post faces charges of sexual assault and unlawful confinement in connection with an incident at his Charleswood home on Jan. 31.

Yelle told provincial court Judge Catherine Skene the woman fled Gendreau’s home after being held for nearly six hours and repeatedly raped.

The prosecutor said the woman was only able to escape when Gendreau fell asleep and she was able to loosen a rope he had tide to the handcuffs which bound her wrists behind her back.

The harrowing assault left the victim believing she would be murdered when Gendreau discussed having to go to her home to retrieve a glass which might contain his fingerprints after they had consumed beer there earlier.

“At that point she was terrified he was planning on killing her,” said Yelle.

Gendreau tied a rope to her handcuffs and laid on top of it so he could fall asleep, she said.
The woman, naked from the waist down, was able to escape to a nearby home and call police, who found Gendreau had loaded her abandoned purse and clothing into his car, said Yelle.
Roulston argued it was “sheer speculation” her client considered murdering the woman and argued there were inconstancies in her story.

The lawyer also dismissed suggestions he was obsessed with the victim, noting he has not tried to contact her while in the Calgary Remand Centre since Feb. 1.

Skene will decide this afternoon whether she’s ready to make a decision.

(Update 11-29-09) On December 18, Gendreau will be sentenced for 5 counts of sexual assault after being convicted of sexual assault and unlawful confinement. Justice Scott Brooker ruled that when he attacked his former coworker, that there were five separate sexual assaults in 5 hours, instead of the assault being treated as a single crime. Crown prosecutor Gary Cornfield stated that Gendreau's fantasies about the victim indicate planning of the attack against her.

"I find all five of those assaults took place essentially as described by the complainant," Jutice Brooker said. 

Cornfield wants a prison sentence between 5 and 7 years, a permanent weapons ban, SO registration, a $100 fine, and a DNA requirement imposed on Gendreau at the sentencing. As for Gendreau, he continued to deny his involvement in the assault. "You're going to charge me, convict me, take my DNA, register me as a sex offender and then you want to fine me? For something I didn't do? Are you high?"

Minimum sentence raised to 15 from 10 years for killer

The Alberta Court of Appeal has hiked the parole ineligibility for an Edmonton man serving life in prison for cutting up his estranged wife's face and killing her boyfriend after finding them in bed.

In a decision released Ŵednesday, September 23ç, the Alberta Court of Appeal ruled the sentencing judge had erred in giving killer Kham Tran, 45, a "demonstrably unfit" sentence by handing him a life term with no chance of parole for 10 years. Instead, the three-judge panel ordered that Tran must serve at least 15 years before being eligible for parole.

"Given the nature of the offence and the circumstances of this murder, a 10-year period of parole ineligibility is demonstrably unfit," says the written decision.

"The deceased was stabbed 37 times. He crawled from the bedroom to escape. (Tran) kicked him. (Tran) also placed a knife in the deceased's hand, presumably to infer that the deceased had attacked (him).

"We also conclude that the sentencing judge erred when she failed to consider the other offences as aggravating factors. (Tran) was convicted of aggravated assault on his estranged wife. He sliced her face from ear to jaw and deep to the bone, and she is permanently disfigured. He told her that she would no longer be beautiful. He threatened to kill her children. These were separate offences and ought to have been considered as aggravating."

In 2006, Tran was sentenced to nearly nine years in prison after being found guilty of manslaughter and aggravated assault for the Feb. 10, 2004, slaying.

However, the Alberta Court of Appeal overturned the manslaughter conviction and instead substituted a conviction for second-degree murder. The appeal court ruled the trial judge had erred in accepting a defence of provocation and was mistaken when she found Tran had been provoked by the "insult" of catching his naked wife in bed with another man.

The case was sent back to the same judge for sentencing and she gave Tran a life term with no parole for 10 years. At trial, court heard Tran and his wife had been separated for months, he had already suspected his wife of being in a relationship and had said he knew who the man was.

Court heard Tran stabbed An Quoc Tran, a 41-year-old father of four who is not related, 37 times and sliced the face and hands of his estranged wife, Hoa Le Duong, 38. Duong testified she and An Tran were napping after having sex when they heard someone open the door and then Kham Tran was scratching An's face and kicking him.

She said he punched her and tried to claw out her eyeballs and then ran out and returned with two butcher knives as the terrified pair tried to grab their clothes.
Duong said her estranged husband stabbed her boyfriend in the chest and then came over to her and chopped her hand several times and grabbed her by the face.

"He said, 'Are you beautiful,' and he cut my face," she said, adding he then followed An Tran to the living room and repeatedly stabbed and kicked him.

Edmonton rapist sentenced to life for attack on woman

Edmonton rapist imprisoned for life
Ryan Cormier, edmontonjournal.com
Published: Friday, March 13, 2009

EDMONTON - An angry and infatuated addict who raped and slashed his neighbour in a vicious attack that lasted more than two hours has been sentenced to life in prison.

Ryan Huppie, 24, appeared resigned to his fate and showed little reaction as the sentence was read in court Friday. His lawyer and Crown prosecutors had submitted the life sentence jointly, after early attempts to have Huppie labelled a dangerous offender were abandoned.

His victim, who cannot be named, read her victim impact statement to the court before sentence was passed.

"Where does one begin to describe the impact of a rape and attempted murder by a total stranger in your own home?" she asked the court. "It has been five years since the night I awoke to a stranger in my bedroom, but to me and my loved ones, the horror is constantly hiding in the shadows of our souls."

Huppie was previously convicted of aggravated sexual assault, attempted murder, unlawful confinement, break and enter with intent to commit sexual assault and sexual assault with a weapon in connection with a drug-fuelled attack on Feb. 17, 2004.

Before he was sentenced, Huppie stood and read a letter to the court.

"I'm sorry, deeply sorry for my wrongdoing," he began. "I don't understand what made me snap out of character and out of mind. I hope people can see where my heart is and how sorry I am about this."

Huppie repeatedly asked for forgiveness and said he has changed a lot from the 21-year-old addict with a infatuation with his neighbour.

The night of the attack, he had been drinking heavily and ingested a plethora of drugs. Days earlier, he had slipped a Valentine's Day note under his victim's door.

He boasted to his buddy that he could break into the condominium next door and force himself on the woman. Huppie bet his friend $500 he would rape her. As a joke, the friend agreed.
As everyone slept, Huppie took a kitchen knife and a meat cleaver and jumped between the balconies.

He woke up his victim and told her: "I'm here to rape you and I'm here to kill you."

The woman suffered nine stab wounds to the back of her head, a gash from her eyebrow to her cheekbone and another from ear to chin. She was sliced across the throat with a meat cleaver, and across the shoulder, and had multiple cuts to both hands. Two of her fingers were severed and multiple operations have left with only 50 per cent use of her left hand.

Twice, Huppie left her for dead only to come back and continue his attack.

She insisted on giving a statement in the ambulance, unsure she would live long enough to provide it later.

"The physical scarring is deep and visible for the world to see, and each day when I look in the mirror to get ready to face the world, the face that looks back at me relives the experience," the woman told court.

She also spoke of the fear, grief, anger and humiliation she has felt since the attack. She said she is hyper-sensitive to any violence and fears being alone, even if it is to go for a short run. She and her parents spoke of the important loss of sports from her life.

"I woke up screaming in the middle of the night on a regular basis," she said.

Through the horrors she related in her statement, observers were impressed with her strength.

"You have shown an incredible courage both at the time of these events and the long time of these proceedings," Justice Terry Clackson told her. "This world is a much better place with you in it. For my part, I am glad you are still here."

Outside court, Crown Prosecutor Rob Beck said the public should not think Huppie got off easy because he was not labelled a dangerous offender. "Mr. Huppie, as the court noted, will be subject to supervision by the parole board until his death, for the rest of his life."

Beck said while Huppie is eligible to apply for parole in 10 years, he won't necessarily get it.
The unusual length of the trial also played a factor in not pursuing a long dangerous offender hearing, Beck said.

"The victim was consulted, we discussed our decision with her and she was completely on side with the decision," he said. "She asked us to pass on that both her and her family are pleased with the outcome."

After sentencing, the victim smiled and threw her arms around her mother.

Beck told court that there were many aggravating factors to Huppie's crime, but little to mitigate it, a claim that the defense did not argue. Beck said the length of the trial could be attributed to Huppie's mental health issues, and the fact he went through four lawyers in five years.

Both the victim's mother and father read victim impact statements. While they focussed on the trauma and changes in their daughter, they also expressed personal anguish of how close they came to losing her.

"Her death would have been the worst possible nightmare for us," her father said. "And it was so close. She is with us today only because her attacker was inept with his weapons, not from lack of trying to kill her on his part."

Huppie also received a lifetime weapons ban and must submit a sample of his DNA.

Sudanese refugee living in Edmonton, AB sentenced to 10 years to life for killing wife

Husband killed pregnant wife
By TONY BLAIS -- Sun Media
The Edmonton Sun

An Edmonton man was sentenced to life in prison [September 8] after admitting stabbing his pregnant wife to death several weeks after learning the unborn child was not his.

John Dum Both, 43, pleaded guilty to second-degree murder in the Sept. 6, 2006, slaying of 27-year-old Nyibol Chuol, whose decomposed body was found 10 days later hidden in a ditch north of Highway 16, just east of the city.

"This was the killing of a spouse, a breach of trust," said Crown prosecutor Lawrence Van Dyke. "Literally the ultimate act of spousal violence."

The Sudanese immigrant had the help of a Nuer interpreter, but softly spoke the word "guilty" in English, and his lawyer later said the killer had accepted responsibility and told him he "had no right" to do what he did.

Both also pleaded guilty to aggravated assault for stabbing his wife's cousin, Deng Awer, in the arm on the day after the killing as the then-21-year-old man went to call police to get help in finding his missing cousin.

Court of Queen's Bench Justice Adam Germain accepted a joint submission for Both to be eligible for parole after serving a minimum of 10 years from the time of his arrest.

According to agreed facts, Both and Chuol came to Canada as government-sponsored refugees in 2003, along with two of Chuol's elementary school-aged nephews. In approximately late May 2006, Chuol became pregnant by a man identified in court as James Ding Dak.

Both became aware Chuol was pregnant by at least July 21, 2006, when he accompanied her to see a doctor, and knew he was not the father by no later than Aug. 18, 2006. Chuol refused to tell Both who the real father was.

On Sept. 6, 2006, Both picked up Chuol and a friend from Sacred Heart school where she was studying English as a second language. The couple dropped off the friend at home and appeared to be arguing during the drive.

Court heard Both stabbed Chuol multiple times and then concealed her body by covering it with grass and leaves in a ditch overgrown with bushes adjacent to a service road on the north side of Highway 16 by Range Road 222.

About 4 p.m. the next day, Awer went to Both's 12819 72 St. home to borrow a vacuum cleaner and asked the bakery worker where his wife was. Awer suggested calling police to help find her and, as he walked towards his car, Both attacked him with a large kitchen knife.

Both was arrested and charged with aggravated assault that night. The boys were taken by Children's Services.

Police discovered Chuol's body on Sept. 16, 2006, and an autopsy revealed she had been stabbed at least five times, including wounds to the chest and abdomen. Both was charged with second-degree murder five days later.

In victim impact statements, the two boys - who are now 12 and 14 and living with relatives in Australia - said they are sad over the death of their aunt and remain frightened that Both will track them down and kill them.

Calgary, Alberta businessman gets 1 1/2 years probation for groping 17 year old

By KEVIN MARTIN, SUN MEDIA

Groping a teen he'd plied with alcohol while in the "throes of a mid-life crisis," has landed a Calgary man an 18-month term of probation.

Provincial court Judge Anne Brown said the discharge sought by defence lawyer Balfour Der for Phillip Howard Graham, in part because of a positive psychological report, wasn't warranted.
And Brown was critical of the objectivity of Dr. Thomas Dalby's assessment, although she accepted his opinion Graham was a low risk to reoffend.

In his report, Dalby said Graham is "concerned about moral standards and rules," Brown noted.
"This assessment certainly flies in the face of the court finding that Mr. Graham was in essence acting out on the throes of a mid-life crisis," she said.

Brown said Graham abandoned "his role as the mature, responsible adult by being the least mature person in the situation."

Graham was convicted of sexual assault in an incident two years ago in which he groped a 17-year-old guest attending his daughter's house party.

Brown ruled the city businessman, then 53, plied the teen with alcohol to the point she became ill and flirted with her so openly his daughter sent him to his room. After a nap, Graham went out to their hot tub and was soon joined by others, including the victim.

He pulled the teen close to him and put his hand under her swim suit. The girl jumped from the hot tub, leaving the home.

Brown said an aggravating factor to the crime was Graham was in a position of trust over the partygoers. "Far from acting as a responsible adult, Mr. Graham seemed rather to be trying to curry favour with young people 35 years his junior," she said.

Conditions of Graham's probation include that he undergo counselling for self-esteem, alcohol abuse and gender sensitivity, and complete 75 hours of community service.

Rape of ex-girlfriend planned, according to Canadian judge

The brutal rape of a Canmore woman by her ex-boyfriend -- a fugitive on the lam from the U.S. -- wasn't a spontaneous assault, a judge ruled yesterday.

Justice Beth Hughes rejected John Julius Marr's claim he had gone to the woman's home on March 27, 2004, to discuss money she owed him and to retrieve his property.

Instead, the Calgary Court of Queen's Bench judge said, Marr's intent all along was to attack the woman "to teach her a lesson."

"I do not accept his evidence because it runs contrary to the very nature of the acts he admitted to," Hughes said.

She noted Marr, in pleading guilty to aggravated sexual assault, admitted tying up his victim with tape from her home, raping her over a lengthy period and keeping his identity secret throughout.

"These are not the actions of a person who 'panicked,'" said Hughes. "He made the decision to break into her home (and) wait in the darkness so he could teach her a lesson."

Defence lawyer Dale Fedorchuk had argued Marr's rape of the woman following a break-up with her was a spontaneous act done after he decided to break into her home to wait for her.

Marr said he illegally entered the residence because he thought if he waited outside she wouldn't listen to his claims she owed him money for home renovations and still had his property.
He testified after he broke in, he realized he had done wrong and when she arrived home he panicked.

After raping and tying his victim up, Marr took the woman's car and drove to Banff and then Vancouver, before fleeing to his native U.S.

Hughes agreed with Crown prosecutor John Szekeres, who suggested Marr couldn't have gone to the woman's home to retrieve his property since he had no way of transporting it.

A date for sentencing submissions will be set once a pre-sentence report and psychological risk assessment is complete June 20.

Marr remains in custody pending his sentencing.

Rape "training" attack leads to a year of probation

A former security guard who lured a young co-worker to a hotel room and sexually assaulted her under the guise of "rape training" has been sentenced to one year house arrest.

Robert Mayer choked back tears in court this morning as he apologized for the bizarre 2006 attack.

"I know what I did was wrong," said Mayer, 39. "I can't express the guilt I have about what happened."

Court heard Mayer was a security guard at Great West Life when he befriended the then 20-year-old victim, a co-worker's girlfriend. Mayer gave the woman a job helping with security at the Galaxy roller rink and then told her she would have to complete mandatory rape training if she wanted to keep it.

"She was absolutely humiliated by this incident and she still suffers to this day," said Crown attorney Melinda Murray.