Sentencing in fatal hit-and-run case delayed due to incomplete report

THUNDER BAY – Delays in preparing a Gladue report have postponed the sentencing process for a local man who has pleaded guilty in the death of a 38-year-old man.

Sheldon Mark Yesno, who was charged in the October 2013 death of Richard Terrance Vrastak, appeared at the Thunder Bay Courthouse on Monday, where it was expected the Crown and defence lawyers would be making sentencing submissions.

However, the case was adjourned after the court heard the Thunder Bay Indian Friendship Centre had not completed the process for the pre-sentencing report for First Nations offenders.

Justice Helen Pierce said the latest delay, which came after a May 1 hearing was also postponed, was unsatisfactory and apologized.
“A lot of time has been spent on this date to no avail,” she told the court. “It is of concern to me this matter has been adjourned twice to await the Gladue report.”

Yesno, who was originally charged with second degree murder, pleaded guilty in February to criminal negligence causing death and failure to remain at the scene of an accident after the Oct. 1, 2013 collision that killed Vrastak.

At the time of the incident police said Vrastak was cycling southbound on South Algoma Street on the east sidewalk when he was struck by a van driven by Yesno, with it believed he intentionally hit Vrastak.

Police said a prior altercation had taken place between the two men and there had been a conflict about a drug transaction.

Yesno, who is the son of Nishnawbe Aski Nation grand chief Harvey Yesno, entered his guilty plea on Feb. 9 with a sentencing hearing initially scheduled for May 1. That hearing had been postponed when the Gladue report was not ready at that time.

Crown attorney Dan Mitchell said the delay has been difficult for the family of Vrastak, who had postponed surgery and a family reunion trip in anticipation of sentencing.

“The family is extremely disappointed with the process,” he said. “There have been all kinds of negative impacts. They are still suffering without closure.”

A caseworker for the Thunder Bay Indian Friendship Centre addressed the court and outlined the reasons for the delay, which included a medical leave, backlog of cases and difficulty meeting with Yesno and his family.

She said a Gladue report is normally completed within 30 to 60 days.

A pre-sentencing report has been completed but defence lawyer David Dubinsky said a more comprehensive Gladue report is necessary.

Yesno is due back in court on Aug. 17.