Price to kill: $500 and a TV
17-year-old boy gets 6 years after killing woman who refused abortionWed Oct 24 2007
By Mike McIntyre
A giddy Roxanne Fernando thought she was going to swap Valentine's Day gifts with her sweetheart. Instead, the 24-year-old Winnipegger known affectionately as "Apple" was the victim of a murder plot that began with her refusal to have an abortion and ended days later with her battered body buried in a snowbank. The facts behind Fernando's February 2007 killing emerged for the first time Tuesday as one of her alleged killers admitted his role.
The 17-year-old was given the maximum youth sentence -- six years of prison and four years of probation -- for what was described in court as a "callous, well-planned execution."
"The circumstances of this crime are extremely aggravating. (The teen killer's) conduct is completely inexplicable," provincial court Judge Marvin Garfinkel said.
The killer -- who can't be named under the Youth Criminal Justice Act -- cut a deal to plead guilty to the most serious charge in the Criminal Code.
In exchange, the Crown agreed not to try to raise him to adult court where he would face a mandatory sentence of life in prison with no chance of parole for 25 years upon conviction. The only issue Garfinkel had to determine Tuesday is what portion of the youth's decade-long penalty should be served behind bars.
Garfinkel agreed with the Crown's request for the maximum of six years. Defence lawyer Marty Minuk had requested just three years of prison followed by seven years of probation for his client, who had no prior criminal record.
The youth made a quick apology in court to Fernando's family, who sat weeping as Crown attorney Brent Davidson read the facts of the case.
"I'm so sorry, even if this apology seems hollow. She deserved much better and this ordeal has been unfair to her. I hope God blesses Roxanne's family," the youth said.
Davidson said the man wasn't remorseful when he was overheard in jail following his arrest talking about how he should have "raped" Fernando after her killing. "His moral compass is so out of whack," Davidson said.
Fernando had learned she was pregnant weeks before her death. The father was her boyfriend. The two met when they worked together at a McDonald's restaurant on Main Street. "She thought this was the man of her dreams," Davidson told court.
Fernando was pressured to terminate her pregnancy and initially agreed. She later had a "change of heart" and that set in motion a chilling chain of events, he said. "It would be the fetus that would drive the planned and deliberate killing of Ms. Fernando," Davidson said.
The youth was offered $500 and a 32-inch television to carry out the act. He initially refused, but began participating in the plot, Davidson said.
A meeting was set up on Feb. 15 -- the day after Valentine's Day -- in which Fernando had expected to exchange gifts with her boyfriend.
She wrapped a box of chocolates and got into a waiting car -- unaware that the youth was hiding under a blanket in the back seat, Davidson said.
He had also participated in an earlier trip to the store to buy supplies, including leather gloves and rolls of tape.
Fernando was driven to Little Mountain Park on the northwestern edge of the city on the guise there was a "surprise" waiting there for her.
While en route, Fernando revealed details of a recent dream.
"It was of seeing her own obituary," Davidson told court. "There's a belief she may have unconsciously been aware of the fate that awaited her."
The youth sprung out from under the blanket and began attacking Fernando at the isolated park, along with a second man.
Fernando was hit with a wrench up to 20 times, bound with tape and wrapped in a blanket before being stuffed in the trunk of the car.
It was thought she was dead. But as the car began driving away, sounds could be heard coming from the rear.
"There was a realization Roxanne Fernando was still alive. They could hear moaning," Davidson said.
Panic set in and a third accused was picked up and paid $120 to assist in Fernando's killing. The youth had taken the money out of Fernando's purse as she lay dying in the trunk, Davidson said. Fernando was taken to a remote area near Mollard Road and Ritchie Street in northwest Winnipeg and repeatedly beaten with a broken hockey stick until she was obviously dead. "The beating was long lasting and extreme," Davidson said.
Her body was then buried in a snow ditch.
Fernando's killers went to McDonald's for a bite to eat, stopped at Safeway for some cleaning supplies for the vehicle and then text-messaged at least one of Fernando's friends -- using her cellphone -- indicating all was well. "This was sheer callousness," Davidson said.
Fernando's friends and family members launched a desperate search that included distributing posters and peppering the Internet with her photo and police contact information by sending e-mail alerts to hundreds of people.
Her body was discovered several days later.
The death of Fernando's unborn baby didn't result in an additional murder charge because Canadian law, unlike the United States and other countries, doesn't recognize a fetus as a living being. Fernando and her family had come to Canada from the Philippines in 2003. She had been working as a banquet server at the downtown Radisson Hotel.
Two adult co-accused, Nathanael Mark Plourde, 19, and Jose Manuel Toruno, 19, remain before the courts.
They are presumed innocent and none of the allegations against them has been proven. No preliminary hearing or trial dates have been set and the facts being presented against the youth have no bearing on their status.
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A mother, a sister speak of their loss
ELISA FERNANDO, mother of Roxanne Fernando
... My life will never be the same again. I feel as if I have died with her, too. One will never know until it happens to them. I have gone through a tough life, being poor, and raised five children on my own. I didn't have a good life until my daughter sponsored me and "Apple" (Roxanne's nickname) to live with her here in Canada. I thought it would be the beginning of a new and good life, and not the end of it.
I didn't have the chance to say goodbye. She looked so happy when she left the house that night, all dolled up and carrying a Valentine present that we wrapped together. I jokingly asked if I can have one of the presents she had.
I thought that was going to be one of the happiest days of my daughter's life. She even asked me to look out the window to see if I could see the car that was waiting for her outside. I said I could only see the headlights. I didn't know that would be the last time I was going to see and talk to my daughter.
I feel so betrayed by this and regret that I let her go out that night. She had no idea she was in danger. I have so much regret and always the question of "What if?" My feelings of hurting are beyond imagination. I could write and speak about being hurt, but it will never end.
ANA MARIA DELUZ, sister of Roxanne Fernando
I remember when she was born. It was a very special date because I was celebrating my birthday. I was with my aunt, cousins and brothers celebrating when I found out my mom had given birth to a healthy baby girl.
It made by birthday extra special because I found out I had a baby sister. I will never, ever forget that day because that's how my life of being a big sister began.
I became a second mother to her. I took her under my wing, took care of her from the very beginning, since our mother had to work a lot. I have so many loving memories of her, from registering her first grade of school until graduating from elementary. I watched her grow up and that became part of my life and now that she's gone, it's like losing a part of myself.
I miss her so much that I'm still hoping one day she'll walk through the door with a big beautiful smile on her face. She was the kind of person that would brighten up the house, always dancing and singing.
She was a very caring person, too, always ready to lend a helping hand to those she loved, especially her family back home who she supported financially.
...There are absolutely no words to describe how it feels when someone you truly love is unjustly taken away in an instant. I am not who I used to be and probably never will be. There is a big hole in my heart, and my family's heart.
I am now left with only memories of my sister and no words to adequately describe the depths of my sorrow. I not only lost a sister, but an irreplaceable friend. We knew each other like no one else does, and had an understanding that only sisters can provide each other.
I have this feeling of regret because I brought her to Canada. I remember crying in front of a judge for permission for her to be able to live here so that she could have a better life. Now I am crying in front of a judge because her life was taken.
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? 2007 Winnipeg Free Press. All Rights Reserved.
Topic: Roxanne "Apple" Fernando (1982-2007) (Read 1004 times)
