Justice for ‘Fud’ – Mixemong murder trial wrapped up Friday
By Sharon Weatherall
BARRIE – Two 29 year old Midland men have been found guilty in the death of a respected aboriginal leader – Andrew ‘Fud’ Mixemong.
At Barrie Court on Friday May 1st the jury found Jessy Herlichka guilty of second degree murder and Paul McClung guilty of manslaughter. The men will be sentenced in mid-June.
Mixemong died of blunt force trauma on July 6, 2012 after being attacked behind Dino’s Fresh Food Deli on King Street in Midland. The 59 year old Beausoleil First Nation member tried to intervene when he saw two men harassing his wife Lorraine Ashkanese – who worked there. He had stepped in to assist her and received a vicious beating.
Video surveillance footage of the attack played a key role in the trial for Herlichka and McClung. It showed a brief altercation and then Mixemong on the ground being beaten by Helichka. During this time McClung stopped witnesses from helping. The victim died a short time later in the hospital.
McClung and Herlichka, were both charged with second-degree murder.
Second-degree murder comes with life imprisonment, no chance of parole for 10 years. Herlichka’s initial plea for manslaughter was turned down by the crown.
After ten weeks, family members were glad to see the end of the trial and have come away with mixed feelings.
“They both should have got the same but I am still happy to see that the perpetrator got second degree murder. I was worried about the jury and the word intent but they went to the judge and he clarified it,” said Wayne Mixemong, brother of Andrew.
“I am very pleased with the decision and if only I could go to the jury and thank them. They have really helped my family. This is the beginning of closure for me – the end will come when the judge decides how many years they will get. I’d like to see Jessy deemed a dangerous offender so he doesn’t get parole.”
Marilyn Mixemong, Andrew’s sister says everyone has different feelings.
“I was overwhelmed myself and the upcoming sentence date in June will give me closure. It’s been hard on the family. I would not like to see anyone else go through this – each day has been like going through it all over again,” said Marilyn Mixemong.
Kimberly Mixemong, another sister of Andrew, said she was very happy on Friday when the verdict came in.
“We finally got justice for my brother after nearly three years and I am very pleased. It’s been a long time coming and it finally got here. It was very tough and hard on my whole family. A lot of the members are not well but they still attended. The verdict for me brought closure and more or less brought peace,” said Kimberley Mixemong.
“I want to thank the Crown Attorneys Kevin Sisk and Dennis Chronopolos for doing such an awesome job, as well as Midland Police Service Sgt. Carolyn Patten and Staff Sgt. Jim Rettinger.”
The jury had a difficult task ahead of them when they went into deliberations earlier last week.
Justice Alfred Stong instructed the jury prior to deliberations and spoke to them again on Thursday to answer a question about intent.
Because Herlichka admitted to causing Mixemong’s death the jury had to determine if he was guilty of second-degree murder or manslaughter based on the evidence. The jury had to determine if he intended to kill Mixemong. To find Herlichka guilty the crown had to prove beyond a shadow of a doubt that Jessy Herlichka meant to kill Andrew Mixemong or that he meant to cause bodily harm so serious that he knew it would likely kill him.
There were three options for Paul McClung being guilty either of second degree murder or manslaughter, or being not guilty. The jury had to decide if McClung knew his friend intended to kill Mixemong and intended to aid and abetted him in committing a murder.
During the trial Wayne Mixemong said he felt Herlichka and McClung showed little or no remorse. He and his family walked out of the courtroom during an apology from Herlichka when he took the stand on March 16th. Court had heard Herlichka who was on drugs and alcohol, was not in control of himself when he was attacking Andrew Mixemong – he blacked out.
“It was like it was all made up and rehearsed like he was reading a script.We didn’t want to listen. This black out – we don’t buy it. Hurlichka said he drank about 100 ounces of vodka and first thing in the morning drank about five or six beers and took oxycontin too. How does he remember that when he doesn’t remember what they did?” said Mixemong.
A cousin of the family Rosanne Monague from Christian Island showed compassion by expressing her sympathy for all involved.
“At 2:30 p.m. today the jury went into deliberations.prayers for those jurors they have a job to do that I would not want. Prayers for the two young men, for their families and their children. I really wish this had never happened but it did and now so many lives are going to be affected.
The amount of drugs and alcohol in their systems was enough to kill them – when will our young people understand that drugs and alcohol are never the answer. I will keep everyone in my prayers in the coming days. I know Fud and the message he sent was of ‘Forgiveness and Compassion’ so that’s what I will pray,” said Monague.
The Trial which began in late January presented a long and hard road for Mixemong family members, most of whom attended every day. Sadly during the trial the family lost another member when Andrew’s sister Beverley Mixemong, died of a heart attack at her home. Up to that point Beverly had attended daily to Barrie Court and previously attended pre-trial which took place following the murder in 2012. Her death was a devastating loss for the family.
During the ordeal the Mixemong family has been supported by friends, relatives, the communities of Midland and Penetanguishene at large, BFN and The Georgian Bay and Barrie Native Friendship Centers. That support has meant a lot.
“Our Mohawk friends – ‘People of the Longhouse’ have supported us and we went to the Barrie Native Friendship Centre to have lunch every day. I would like to thank our cousins and the people from Christian Island for their support, they really came to bat. They were fundraising by hosting raffles and a silent auction to help out the Mixemong family financially with the cost of gas, parking, food and time of work. Some of them travelled across the ice each day to come to Barrie and support us by being at court,” said Mixemong.
“There has been support coming from all over the area – everyone has been talking about it and there was outrage. Since the verdict came in we have received so many positive comments – all of Midland area is happy for us. People knew my brother.”
Throughout the trial Mixemong was very happy with the news media coverage.
“In the beginning there was a publication ban but there have been interviews and coverage on CTV, local media and radio stations and in the Toronto Sun.
When I was asked to give an exclusive interview I said yes because people have a right to know what really happened to my brother and the people know what’s going on now,” said Mixemong, who also kept the Anishinabek News updated.
Family members will be delivering impact statements at the sentencing regarding the loss of Andrew and how the murder has changed their lives.
On Monday, May 4, to help people find closure a drumming ceremony was hosted in honour of Andrew Mixemong in Midland at a parkette across the road from where the murder took place.