deadmonton 2005 - brandon fern


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Brandon Fern, 18, was shot and stabbed to death July 7th, 2005.


Terence Dashielle Miller, 23, and Damien Opio, 19, were charged with second-degree murder and possession of a weapon dangerous to the public.


Travis Stephen Rusnak, a 17-year-old young offender at the time of the murder, was charged with second-degree murder and use of a firearm during a crime.



Brandon Fern

The scene was an apartment lobby at 3210 119 Avenue. A dying teen was clutching his stomach, vomiting blood as he waited for help.


A man who found the youth said he was trying to tell him who did it and what kind of car it was. Police and paramedics arrived at the Abbottsfield complex shortly after 4 p.m. and whisked the teen to Royal Alexandra Hospital. He was pronounced dead hours later after undergoing surgery.


A store employee working at a mall within sight of the complex earlier saw a car pull over in the retail strip's parking lot.


The people inside the vehicle spoke to another group before they all made their way across the road to the apartment building. Another witness near the mall reported hearing the group talking about "getting a teen back."


Police said the victim was inside the lobby of the low-rise building when he was approached by the group and attacked.


He suffered a gunshot wound to the stomach and up to five stab wounds -- four to the back and one in the head. The AIR-1 police helicopter was dispatched, searching for a red Ford Taurus. The police service's gang unit was called to assist in the investigation.


Area residents spoke of a drug deal gone wrong and someone flashing their gang colours.


The victim, Brandon Fern, an 18-year-old father of two, was associated with -- but not a member of -- the Alberta Warriors street gang.


In dispute was a half-kilogram of marijuana, allegedly ripped off from the Bloods, a Warriors splinter group.


The altercation first started at a bus terminal near Abbottsfield Mall, continued in the mall's food court, and escalated to the apartment where the attack ocurred.


Fern and two friends fled to a nearby apartment building and were trapped in the foyer between an unlocked, glass outer door and an inner security door.


After Fern was stabbed and as one friend tried to pull him through the second security door, Fern was shot in the abdomen.


Word on the street had it that a dispute has been brewing between the Alberta Warriors and the Bloods for at least a year. Another source said that Fern's death was a case of mistaken identity or was meant more as a warning, offering "these guys aren't trained marksmen."


Police issued arrest warrants for three men. One of the men turned himself in four days after the murder. The other two men, one a juvenile, remained at large for several more days before also turning themselves in.


Charged with second-degree murder and possession of a weapon dangerous to the public were Terence Dashielle Miller, 23, and Damien Opio, 19.


A 17-year-old man was charged with second-degree murder and use of a firearm during a crime. The identity of the juvenile was released for a short time after careful research by the city's legal team.


The vice-president of the Urban Aboriginal Brotherhood Society, a group that works to help high-risk teens in the Abbottsfield area, knew Fern and the three men accused in his murder. He said people in Abbottsfield knew that Travis Stephen Rusnak was a teen that cops were seeking.



On September 8th, 2005 Crown prosecutors stayed second-degree murder and possession of a weapon dangerous to the public charges against Miller.


Also stayed were manslaughter and accessory to murder charges against Miller in connection with the shooting death of Ikeche Bates in September, 2004.


Crown officials would not discuss the reasons for staying the charges against Miller because Opio and a 17-year-old boy remained charged in connection with Fern's death. If more evidence comes to light within the next year the charges against Miller could be reactivated.



On December 22nd, 2005 Damien Opio pleaded guilty to aggravated assault. A sentencing hearing was scheduled for January 31, 2006 but was put over to May 9th.


A youth at the time of the slaying, Travis Rusnak pleaded guilty to the reduced charge of manslaughter in an adult court.



On January 24th, 2006 Rusnak was handed a seven year sentence to be served in adult prison. Rusnak was credited one year for time already served.


Provincial court Judge Geoffrey Ho agreed to the term because Rusnak took responsibility by turning himself into police and pleading guilty to the crime.


At Rusnak's trial, court heard that Opio stabbed Fern repeatedly in the back.


As friends tried to pull Fern to safety, it was Rusnak who fired a shot, hitting Fern in the abdomen.


An autopsy showed Fern died from the gunshot and not the stab wounds.



On May 9th, 2006 provincial court assistant chief Judge Allan Lefever sentenced Damien Opio to five years on a charge of aggravated assault.


Opio was given 20 months' credit for the 10 months spent in pretrial custody, leaving him with 40 months left to serve.


"What Mr. Opio did was abhorrent and cowardly," said Judge Lefever.


"But, on its own, it wouldn't have caused the death."


Fern's family appeared in court to read victim impact statements.


"You took a piece of my heart from my life forever," said Fern's 10-year-old sister.


Defence lawyer Mike Danyluik described Opio as a "wayward youth" who got sucked into hanging out with a bad group.


Damien Opio was out on bail at the time of the attack on Fern.


He was facing a charge of aggravated assault for a bar fight on January 9th, 2005. No trial date has been set for that case.