A Strathroy, Ont. mother and her ex-boyfriend were found guilty of all charges against them, after failing to take a toddler with third degree burns for medical attention.
Amanda Dumont and Scott Bakker pleaded not guilty to a joint charge of criminal negligence causing death, and separate charges of failing to provide the necessaries of life for Dumont’s 20-month-old son, Ryker Daponte-Michaud.
Although it’s unclear how a cup of recently microwaved coffee spilled on Ryker in the first place, Justice Rene Pomerance was tasked with deciding who was legally responsible for his care in the aftermath.
“I do not accept her evidence as true,” the judge said, flatly dismissing the testimony Dumont offered earlier in the trial.
The 31-year-old mother of four kept her head bowed low in the prisoner’s box as Pomerance pointed out a variety of inconsistencies in her evidence.
Dumont was more interested in distancing herself from incriminating details than with being credible, Pomerance explained.
Text messages found on Dumont’s phone appeared to use slang language and indicated the purchase of drugs, but when she was asked about them she blamed it on her ex.
When the crown pointed out the text messages referred to Bakker, Dumont claimed he’d refer to himself in third person.
She also testified to not seeing her son in the two days leading up to his death, saying Bakker wouldn’t allow it. He was violent, she’d said, but she entrusted Ryker in his care, nonetheless.
“It doesn’t make sense that she would have done so,” said Pomerance, noting cell phone videos where Dumont appeared to be assertive and aggressive towards her then-boyfriend, not fearful.
Gord Cudmore argued his client wasn’t legally obligated to provide care for baby Ryker. Afterall, Bakker was just a boyfriend, he said.
Pomerance dismissed that too.
The court heard Bakker was known to refer to Ryker as his son. He also would call Dumont his wife, and say they were a family.
An outgoing text message on his phone said they were all he had going in his life and that he loved them, Pomerance noted.
The 27-year-old became visibly upset as Thursday’s proceedings came to a close.
“All I can say is he’s not happy with the decision,” Cudmore told reporters outside of the courthouse.
“There was certainly an argument whether he had a legal duty or not, and that was what we put forward. We weren’t discussing the moral obligations or anything like that, it was strictly whether he had a legal duty. And her Honour found that he did.”
Cudmore wouldn’t say whether they’d pursue an appeal. But Ken Marley, Dumont’s defence, was adamant there would be a discussion on the matter.
“Any time somebody’s facing a sanction as serious as this one, it’s my responsibility to canvas with my client the possibility of an appeal.”
Ryker Daponte-Michaud died from dehydration and shock quietly in his crib on May 21, 2014. His body had been shutting down slowly, over the three days after he’d been burned.
The trial, which has gone before the court twice, was called off the first time after Dumont became sick with appendicitis. She had surgery and was unable to participate in the trial so the judge declared a mistrial in December 2016.
A sentencing date hasn’t been set yet. It’ll be chosen when Dumont and Bakker appear back in court, on Oct. 17.