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THUNDER BAY — The third person charged in connection to the 2018 beating death of 25-year-old Ashley McKay has been sentenced to eight years after pleading guilty to manslaughter.
Darren Oombash, 28, appeared before Justice Bruce Fitzpatrick in a Thunder Bay Courtroom on Monday for plea and sentencing.
Originally charged with second-degree murder, Oombash pleaded guilty to the lesser included charge of manslaughter.
Oombash is the third accused to be sentenced in relation to McKay’s death. Marlene Kwandibens, 41, pleaded guilty to manslaughter in November 2021 and was sentenced to eight years. Terryl Michon, 24, also pleaded guilty to manslaughter in November 2021 and was sentenced to six-and-a-half years.
With pre-sentence custody credit, Kwandibens was left with 3.5 years to serve, while Michon had an additional two years left to serve.
During sentencing for the two other accused, the court heard that McKay was with Kwandibens in her Cumming Street apartment the night of Oct. 29, 2018 where they were consuming drugs and alcohol. Oombash and Michon arrived later that night and were also consuming alcohol.
An argument erupted after Michon accused McKay of spreading gossip about her and she told Oombash to remove her from the apartment. Kwandibens then slapped McKay and she and Michon proceeded to beat her.
A post-mortem examination determined McKay suffered more than 80 blunt force trauma injuries to her head, face, neck, torso, and limbs, as well as fractures to her nose and ribs. Her cause of death was determined to be the result of blunt force head trauma.
According to an agreed statement of facts read into the court record on Monday, Oombash initially told police he had no memory of anything happening that night other than breaking up a fight between the three women.
However, he later recalled that when he tried to go to sleep, the fighting started again and Kwandibens told him to tie up McKay, which he did.
McKay’s clothes were stripped off and she was placed in a closet. At the time she was tied up, she was still breathing but unconscious.
Oombash left the apartment at approximately 4:30 a.m. to get more alcohol and returned later.
The court heard earlier that Kwandibens stayed awake to make sure McKay didn’t escape while Michon and Oombash slept. At one point, Kwandibens noticed McKay was not breathing and after waking the other two, McKay’s body was placed in a plastic storage container.
In the morning, another individual arrived at the apartment and was shown McKay’s body. The individual attempted to revive McKay but was told she was dead. Police were later called and attended the apartment where they discovered McKay’s body.
The agreed statement of facts during Oombash’s hearing said he woke up at one point in the night and heard McKay moaning but went back to sleep. He was woken up next by police. The investigation revealed McKay’s blood was found on Oombash’s hand and his shoes. His DNA was also found on the laces used to tie her up.
McKay’s family was in the body of the court for the sentencing on Monday. Her father, Ian McKay, shared a victim impact statement detailing the affect his daughter’s death has had on the entire family and how he has waited four years to see justice and receive closure.
“As she grew up she was very energetic and athletic with many hopes and dreams. She was a kind and caring person. She loved her sisters and brothers so much,” Ian McKay said. “She loved to better herself in everything she did. She had a big loving heart. She would help anyone she met.”
Ian McKay went on to say that losing a child in such a horrific way is something no parent should ever have to experience, and he has not been able to go a single day without thinking about what happened to Ashley.
“It haunts me,” he said. “The pain and heartache have been unbearable. We want answers, we want justice, we want closure. If he can delay court proceedings to apply for time-and-a-half served, where’s my justice? I did not come for plea deals.”
Ashley McKay’s cousin, Calandra Necan, also spoke, describing Ashley as one of her sisters and how she always wanted to protect her.
“Hearing everything that happened to her breaks my heart so much,” she said. “Now when we gather as a family we just miss her so much. Now when we gather there’s a piece of us missing.”
Crown attorney Trevor Jukes submitted that an appropriate and just sentence, which would be in parity with the other two accused, is a custodial sentence of eight years.
Jukes said significant aggravating factors in the case included the brutal and violent nature of the assault, which involved at least two others attacking a vulnerable individual.
And while Oombash did not participate in the initial beating, Jukes said he was a participant by tying up McKay and then going to sleep having known what just took place.
“An individual is allowed to standby and do nothing. But when you get involved and know what happened before, you are essentially adopting those actions,” Jukes said. “He should be treated no differently than the other two.”
Jukes did acknowledge Oombash’s Gladue factors, but he also noted that throughout his four years in custody, he has done little in taking any steps toward rehabilitation.
Defense counsel Mary Bird was seeking a sentence of four years, or time served, arguing the harsh conditions at the Thunder Bay District Jail during the pandemic restricted access to rehabilitative programming and services.
Bird also referenced Oombash’s lack of a criminal record prior to the incident and the struggles he faced growing up, including being placed in foster care and struggling with substance abuse issues.
Other mitigating factors cited by Bird include Oombash’s guilty plea and his expressions of remorse.
“He is horrified over what he did. He has expressed it over and over,” she said. “This is so difficult. The most difficult type of case to deal with. It’s not one where you have a monster on one side. You have a human being who has been through a lot and recognizes what he did was horrible.”
When given the opportunity to speak, Oombash apologised to McKay’s family.
“I’m sorry for what I did and for causing hurt and pain,” he said.
Fitzpatrick returned Monday afternoon with his decision on sentence. He began by pointing out the brutal nature of McKay’s death.
“She was left to die in a horrific and unspeakably undignified manner. Darren participated in this,” he said, adding that it is something Oombash will have to live with for the rest of his life. “No doubt this was a crime of violence and degradation that included a brutal application of force.”
While Fitzpatrick recognized the struggles Oombash has faced in the past resulting from the intergenerational trauma of the Residential School system, as well as other mitigating factors including his admission of guilt and expressions of remorse, he also pointed to the impact his actions have had on McKay’s family.
“The family is having a very difficult time understanding why,” he said. “They must live with the results of this senseless death for the rest of their lives. They are experiencing ongoing pain, grief, and a sense that a true promise of the future has been senselessly snatched away.”
Fitzpatrick disagreed that the defense’s position of time served representing a just or appropriate sentence in this matter.
He also cited the sentences of the other two accused and believed Oombash’s sentence should be in parity to the others as a likewise offender.
Ultimately, Fitzpatrick agreed with the Crown’s submission of an eight-year sentence. With credit of 1,446 days of pre-sentence custody, Oombash is left with four more years to serve.
Oombash is also required to submit a DNA sample and is subject to a lifetime weapons prohibition.
