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Ashpanaquestcum sentenced to 10 years for fatal stabbing outside SilverCity

Shane Patrick Ashpanaquestcum, who pleaded guilty to manslaughter in the stabbing death of Daniel Randall Levac outside SilverCity in 2014, will spend the next 10 years in a federal penitentiary.
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Police on the scene of the fatal stabbing of Daniel Levac outside the SilverCity movie theatres. (Matt Vis, tbnewswatch.com)

THUNDER BAY – The family of a young man who died after being stabbed in the heart outside a movie theatre in 2014, listened to the punishment handed down to the man responsible, and as difficult as it is to continue on without their son and grandson, there are no feelings of vengeance.

“I could have been bitter but I did not want to become like that,” said Grace Matawapit, the victim’s grandmother. “I do not wish to be bitter about this. We will go on without Daniel and we love him. We miss him every day. But I don’t want the bitterness to be there for us.”

In a Thunder Bay Courtroom on Tuesday, 22-year-old Shane Patrick Ashpanaquestcum of Nibinamik First Nation was sentenced to 10 years in a federal penitentiary after pleading guilty to manslaughter in connection to the death of 20-year-old Daniel Levac, born in North Caribou Lake First Nation and raised in Sachigo Lake.

The incident took place on Oct. 3, 2014 outside of the SilverCity Cinema just after 9 p.m. Video surveillance footage showed Ashpanaquestcum and Levac acting aggressively toward one another and fighting. Levac was later found on the ground with a stab wound to the chest and died in hospital.

Ashpanaquestcum was arrested a short time later and an investigation found what appeared to be blood on his hands and on a sweatshirt he was wearing earlier, as well as a knife in his pocket.

Police first charged Ashpanaquestcum with second-degree murder, but he later pleaded guilty to the lesser charge of manslaughter.

“It was the appropriate charge given the circumstances, however, there is always a risk of going to trial,” said Ashpanaquestcum’s attorney, George Joseph, after the hearing. “He could have been found guilty of second-degree murder or he could have been found not guilty and walked.”

Joseph and crown attorney, Shari Frenette, submitted joint sentencing submissions of 10 years to Justice D.C. Shaw, as well as requiring Ashpanaquestcum to submit a DNA sample, paying a victim surcharge fee of $200, and prohibiting him from owning any weapon for a period of 10 years after release.

“This was a decision arrived at after considerable and painstaking deliberation,” Joseph said. “It would have been a gamble going to trial. This provides some certainty for the family of Daniel Levac, it provides some certainty for my client as well, that the sentence will be 10 years.”

“It gives me no pleasure to impose that sentence, but it is, in my view and the view of counsel, to be appropriate,” Justice Shaw said after agreeing to the joint sentencing submissions of counsel.

During the hearing, Frenette told the court that there were no victim impact statements submitted by Levac’s family, however, Grace Matawapit, Levac’s grandmother, raised her hand and said she would like to speak on behalf of the family. After a short break, it was agreed by Frenette, Joseph, and Justice Shaw to allow her to speak in court.

“He (Ashpanaquestcum) has a chance to change his life around, to communicate with his family, talk to them, visit with them,” Matawapit told the court. “All we do is maybe go to the grave. That is a big impact. He (Levac) should be out there with the other young people. He should be here.”

Matawapit said Levac’s goal was to graduate high school and visit Japan. Despite the pain of living without her grandson, Matawapit hopes Ashpanaquestcum will find the help he needs and come out of this ordeal a changed man.

“To you, young man, I hope you learn something,” she said in court. “I hope you learn that life is precious.”

Ashpanaquestcum was granted bail in early 2015 with conditions including living in his home community of Nibinamik First Nation, where Joseph said he participated in spiritual and Indigenous healing and was advised by a medicine man to live two lives, one for himself, and one for Levac.

Ashpanaquestcum was given the opportunity to read a prepared statement, in which he expressed his remorse for his actions on the night of Oct. 3, 2014.

“I truly am sorry,” he told the court. “I don’t deserve any sympathy or pity. I truly am sorry for what I’ve done. I take full responsibility for what happened. I truly am sorry.”

When Ashpanaquestcum was taken into custody, members of his family in court cried and comforted one another. He waved to them before being led out of the courtroom.

“He is now 22, no criminal record, never been in trouble with the law before, and now he is being separated from his family and his community for a penitentiary term, and rightly so,” Joseph said. “He did admit to taking the life of Daniel Levac, there has got to be consequences and this is an appropriate consequence.”

“Ten years is a long time to be away from the family,” Matawapit said. “It is hard for the family already as it is. I’m hoping he will come out of this okay and become a responsible citizen for where he’s from.”

Ashpanaquestcum will be eligible for parole after six and a half years.  



Doug Diaczuk

About the Author: Doug Diaczuk

Doug Diaczuk is a reporter and award-winning author from Thunder Bay. He has a master’s degree in English from Lakehead University
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