Keisha Marie McCrea and Brian William Chcuik leaving the Vernon courthouse Thursday, Nov. 21, 2024.

(BEN BULMER / iNFOnews.ca)

While there's no denying that former Lumby resident Keisha Marie McCrea assaulted her son Ethan shortly before he died, Crown prosecutors couldn't prove the assault ultimately caused the boy's death.

Showing no emotion, McCrea walked out of the Vernon courthouse today, Nov. 21, having avoided jail after pleading guilty to a less serious offence than she was originally charged with.

The 30-year-old sat in the courtroom next to her partner Brian William Chcuik as Ethan's biological father told the court that the truth of what happened to his son had been completely obscured.

"The confusion surrounding the circumstances has only intensified my suffering," the father said. "I am left feeling helpless, knowing that my son's death was not just an accident, but a result of neglect and abuse."

The case dates back to April 2020, when Ethan was living in Lumby with McCrea and Chcuik, and two other children aged seven and four.

iNFOnews.ca was chosen to withhold Ethan's last name.

An incident took place where the eight-year-old was seriously injured and flown to Kelowna hospital. Ethan died the following day.

The court heard how Ethan had died of a subdural hematoma, a bleeding on the brain that happens after a head injury.

More than three years after Ethan's death, McCrea and Chcuik were both charged with failing to provide necessities of life to a child.

However, charges against Chcuik were stayed by the Crown last month and today McCrea entered a plea deal by pleading guilty to the lesser charge of assault causing bodily harm and received a sentence of house arrest.

The court's move clearly agitated the boy's biological father who sat in the public gallery.

"They murdered my son," the dad said before the court proceedings started.

He was warned by the court sheriff to calm down or he'd be removed from the courtroom.

The court heard that McCrea had assaulted and abused Ethan on two occasions between December 2019 and April 2020.

Crown prosecutor Chris Balison said the eight-year-old had been prone to soiling himself, and when this happened McCrea and Chcuik made Ethan wash the clothes himself in a bucket. 

"It was described by the other children in the home as Ethan being disciplined and treated differently," the Crown told the court.

On the day before Ethan died, he'd soiled himself and McCrea told him to wash his clothes.

However, Ethan refused.

"(McCrea) was angry... (and) in the context of that anger, pushed him out of the door where he tripped (and) fell," BC Provincial Court Judge George Leven said. "He had a goose egg... on his head."

Judge Leven said after this Ethan was left outside in the cold and his temperature dropped to a "dangerously" low level.

In addition to the assault, the Crown said Ethan had fallen and hit his head sometime before this incident.

There was no information given in court as to whether Ethan asked to come inside, or why McCrea didn't bring him in.

There was also no information about a 911 call or what took place before Ethan was airlifted to Kelowna General Hospital where he died the next day.

The house in Lumby where Ethan lived with McCrea and Chcuik.

(BEN BULMER / iNFOnews.ca)

The court also heard about an earlier incident when Ethan had stolen some candy and McCrea had grabbed his jaw so hard it left bruises.

Justice Leven stressed that the two incidents of assault were what McCrea was being sentenced for today.

"This was not a case where the Crown was able to prove that the death of (Ethan) was caused by the actions of Ms. McCrea," the judge said.

An RCMP officer sat in the public gallery shook his head while the judge said this.

Little was heard in court about McCrea and Chcuik, only that they were from Quesnel and had only lived in Lumby briefly and were now back in Quesnel.

In an emotion-filled victim impact statement, Ethan's father said his son was a bright and joyful child who brought him immense happiness.

"His laughter, his curiosity about the world, and his boundless energy were a constant source of joy... the bond we shared was special, and losing him has left an irreplaceable void in my heart," he said.

"Since that day, on April 4, 2020, my life has been engulfed in darkness I never thought possible. The pain of losing my child is unimaginable, and it has affected me in ways I cannot fully articulate. I have struggled with intense grief, anger, and confusion."

He said that the confusion surrounding the circumstances of Ethan's death intensified his suffering.

"The fact that they are facing lesser charges while the full truth of what they did remains completely obscure feels like a deep injustice," he said. "Keisha and Brian's actions have deprived my family of a precious relationship that can never be replaced... the lack of serious charges against Keisha is a painful reminder that my son's life was undervalued.

"This statement is not just about my pain but is also a call for justice for my son... Ethan... was a precious child of a bright future who deserved love, care, and protection."

In a joint submission to the court both lawyers requested a sentence of one year of house arrest followed by two years probation.

As Canadian law dictates that a judge must largely follow lawyers' requests when joint submissions are sought, Judge Levan handed McCrea a sentence of one year of house arrest.

McCrea refused to say anything when asked if she wanted to make a statement in court.

Keisha McCrea covers her face outside the Vernon courtroom, Nov. 21, 2024.

(BEN BULMER / iNFOnews.ca)

When asked outside the courtroom whether she felt lucky not to have gone to prison she didn't answer.

"I feel like terrible mistakes were made," McCrea responded.

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