deadmonton 2005 - nina louise courtepatte - the "cindy" trial
april 30th, 2007

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Nina Louise Courtepatte, 13, died from blunt force trauma on April 3rd, 2005.


Two adults and three teens, not identified by provision of the Youth Criminal Justice Act, were charged with first-degree murder, kidnapping and aggravated sexual assault.


<< april 24th, 2007 | the "cindy" trial | may 9th, 2007 >>



Justice June Ross ruled that a 19-year-old woman charged with the beating death of Nina Courtepatte was not guilty of first-degree murder.


The judge did find "Cindy" guilty of manslaughter.


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Justice Ross said the young woman lacked the specific intent necessary for a murder conviction. The teen was also found guilty of kidnapping and aggravated sexual assault.


Ross stated she opted for a manslaughter conviction because Cindy had a “change of intent” and left the scene of the crime before the fatal beating began.


"[The accused] did more than leave. She communicated to everyone present she was leaving and she said that she was leaving," Ross said.


"She told them this and said she was taking [Courtepatte's friend] to the car because she was cold, and she didn't need to see this."


The young woman was the only one who was kind to Courtepatte's friend, Ross said.


However, Justice Ross ruled the “defence of abandonment” did not help Cindy avoid the manslaughter conviction because she had “aided and abetted” Joseph Laboucan in several unlawful dangerous acts that she could have known could lead to the risk of bodily harm to Courtepatte.


"The abandonment was timely insofar as murder was concerned," Ross said.


"Just as a principal offender can have a change of heart, so too can an aider and abettor."


"The [accused] knew that Mr. Laboucan intended to kil Nina Courtepatte ... but afterwards before any deadly force was given ... [she] withdrew," Ross said.


Cindy knew in advance about Laboucan's idea to find and kill a person, and evidence showed she was present when Nina was lured away from West Edmonton Mall with the promise of a bush party, said the judge.


“It was too late. The unlawful act was already done,” said Ross, referring to Cindy hitting Nina in the head with a wrench prior to her rape and murder.


"It was the beginning of a joint assault that did lead to Miss Courtepatte's death."


Ross said there was also evidence to show the woman actually held Nina down by the wrists while she was being sexually assaulted.


Cindy, despite being a youth at the time of the April 2005 killing, will be sentenced as an adult unless her lawyer launches an application to have her sentenced as a young offender.


Justice Ross ordered a pre-sentence report and a psychiatric examination of the teen. Court earlier heard she suffers from fetal alcohol syndrome disorder.


Sentencing arguments are set for July 16th, 2007.



As Justice Ross read her decision, Cindy cried quietly and wiped away tears from her eyes as she sat with her bowed down in the prisoner's box.


Present for every day of the trial, Nina's mother, Peacha Atkinson, left the packed courtroom in tears, surrounded by family and friends.


Atkinson refused to comment to the media.


Outside court, Cindy's defence lawyer Colleen Connolly expressed the teen's contrition.


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"My client was present while some of those events started to take place. She's felt that burden very heavily but is very much aware of the fact that someone else is deceased," Connolly said.


"She is still very unhappy about any part that she played in what's taken place here and the loss of Nina's life. And she's obviously very concerned over what she's going to be facing for sentencing."


"At least the judge has recognised that, at a very crucial point, my client went 'No, I'm not going to stay here, I'm not going to participate any further, I'm not going to be responsible for this.' "


A manslaughter conviction carries a wide range of sentencing options for Justice June Ross, from time already served to a maximum of life in prison.


Because a firearm was not used in the crime, there is no minimum sentence. Eligibility for parole is at the discretion of the judge.



The trial continued May 9th, 2007