Matthew Foerster

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VERNON - Matthew Foerster was drunk and high on a mix of vodka, pot and magic mushrooms the day he killed Armstrong teen Taylor Van Diest, his defence counsel said for the first time today.

Ken Beatch, Foerster’s lawyer, described a version of events from Oct. 31, 2011 that has not been heard before, including that his client had a conversation with 18-year-old Van Diest before beating her to death near the railway tracks in Armstrong as she was walking to meet friends for Halloween.

Foerster was previously convicted by a jury of first degree murder but appealed the verdict and was granted a new trial. Shortly before the trial was to start this spring, Foerster pleaded guilty to second degree murder, a crime that carries a sentence of life in prison but varies on parole eligibility. Crown and defence counsels made a joint submission for life in prison with no parole for 17 years at Foerster's sentencing hearing today in Vernon Supreme Court, which came with heightened security and extra sheriffs. The maximum is 25 years with no parole. 

Crown counsel Christopher McPherson described how Van Diest was brutally beaten and left for dead by Foerster the night of Oct. 31, 2011. As Van Diest’s family and friends sat in the gallery, McPherson went over details they’ve all heard before from Foerster’s two week trial in 2014: how he went to Armstrong looking for sex, followed Van Diest onto a dark, quiet path along the railway tracks, and used a Maglite flashlight and a shoelace in the killing. Van Diest fought back and scraped some of Foerster's DNA beneath her fingernails, key evidence that was used to arrest him. 

New to most was the story described by Foerster’s defence lawyer, who said he was struggling with an addiction to drugs and alcohol at the time. Foerster first got drunk at age 14 and soon proceeded to smoking marijuana, Beatch said. By the time he was in his early 20s, he was using cocaine, mushrooms, MDMA, and crack cocaine as well as alcohol, Beatch said. In the summer prior to the murder, Foerster was owed some money and in place of cash, the person gave him psilocybin mushrooms. The plan was to sell the mushrooms to recoup the debt; instead, Foerster spent his weekends consuming them. He lost his job in mid-September and began using alcohol and drugs more frequently, roughly three to four times a week, Beatch said.

On the day of the murder, Beatch said Foerster was on a binge. He started drinking beer around noon and “quickly became quite intoxicated with a variety of drugs and alcohol" including magic mushrooms, pot and vodka, Beatch said. He wandered around Vernon for a while, and then decided to go to Armstrong, arriving there around 5:30 p.m.

“He’s drunk and he’s stoned and he’s just driving around,” Beatch said.

Foerster realized that he probably shouldn’t be driving, Beatch said, and began walking in an “attempt to sober up.” That’s when he ran into van Diest, who Beatch said was walking towards Foerster. Foerster claims they had a brief conversation, that Van Diest said she was going to a party and Foerster asked if he could come.

“She didn’t really say yes or no,” Beatch said.

Foerster followed her onto the railway tracks, became “obnoxious” and started propositioning her for “consensual sex” Beatch said. He asked her to sleep with him and that's when she started screaming, Beatch said.

Foerster panicked and tried to make her be quiet, which is when the assault occurred, Beatch said.

“He tells me everything happened so fast, he tells me he can’t remember all the details,” Beatch said.

Beatch said that since his incarceration, Foerster has made use of programming to overcome his addictions, rehabilitate himself, and become a better person.

“It is abundantly clear to me that he is full of regret and remorse. He has promised himself he will never hurt anyone ever again,” Beatch said.

Foerster himself made a short apology to Taylor’s family. Rising from the prisoner’s dock, Foerster stood in complete silence for a few moments before beginning to read from a piece of paper.

“I am so sorry that I have taken your loved one away from all of you,” he said.

He said his actions were “selfish and reckless” and “there isn’t a day that goes by that I don’t feel regret.”

“I hope that in time you’ll be able to move on with your lives and one day find peace,” he said.

Earlier in the day, Crown counsel said the crime was particularly aggravated by the fact that it was a random attack against a young woman walking alone. McPherson noted how Foerster has been convicted of previous assaults in 2004 and 2005 and showed a pattern of violence against women. He also said that any remorse expressed by Foerster only came after months of hiding and fleeing the province. Foerster was arrested in Collingwood, Ontario after police intercepted communications between him and his father, Stephen Foerster, who was present in court today along with Foerster's mother. 

Three victim impact statements were also read to the court: one by Van Diest’s mother, one by her father, and one by a friend and community member.

Marie Van Diest, Taylor’s mother, described the last bit of normalcy before her daughter died: buying extra Halloween candy to hand out knowing Taylor and her twin sister Kirstie had probably eaten most of it. Taking pictures of Taylor in her zombie costume. Saying goodbye and telling her to stay safe, just like she always did.

“I would give anything and everything just to spend even one more day with my beautiful Taylor,” Marie said.

Foerster, dressed in jeans and a light blue shirt, did not look at her as Marie gave her statement.

Armstrong resident Dorianne Kohl, who was Taylor’s next door neighbour, said the murder deeply affected the small North Okanagan community.

“As a woman who has called Armstrong home for 29 years, I can attest to the impact this horrific crime has had on our community. It is a deep wound which created fear, mistrust and disbelief among us. The citizens, children,high school students would no longer walk alone to school without being accompanied by an adult. As women, we no longer felt safe walking alone at night.”

Taylor’s father, Ray Van Diest, in his victim impact statement, recounted how his daughter Kirstie called him Halloween night to say her sister was in hospital with serious injuries. Later, he was met by a pair of police officers outside his house telling him Taylor was dead. 

“This was the hardest night of my life,” he said.

He also described feeling let down by the justice system, pointing out “a few wrong words” by the trial judge to the jury resulted in Foerster getting the opportunity to have another trial.

Justice Brenda Brown is expected to sentence Foerster Tuesday, June 5, at 11 a.m.

— This story was updated at 3:53 p.m. June 4, 2018 to include details from the afternoon court session. 

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