Murder trial for Andrew Mixemong commenced Monday
By Sharon Weatherall
BEASOLEIL FIRST NATION – Wayne Mixemong of Midland says the murder trial of his brother Andrew Mixemong, is the “beginning of the end” after nearly three long years of mourning and anguish for his family. The trial began Monday January 23 in Barrie Courthouse and is anticipated to continue approximately six weeks.
“It has been very hard to deal with but we wanted the trial to happen – it is the worst part but when it’s over we will have some closure. The pre-trial took place in Midland last year with police, witnesses and many other people. My sister and I kept going but after seeing the evidence we came away with mixed feelings – it made us cry – the details were very graphic,” said Mixemong.
He said last Tuesday 12 out of 60 jurors were picked and two court rooms in Barrie had to be used. They picked two spare jurors so there are 14 altogether. Some of the jurors were challenged or declined because they knew the family.
This was not surprising as the victim was well known. Beausoleil First Nation member Andrew ‘Fudd’ Mixemong, was attacked outside of Dino’s Fresh Food Deli in Midland on July 6, 2012 and later died in Georgian Bay General Hospital of blunt-force trauma. The 59-year-old was meeting his wife, Lorraine, who was an employee of the establishment, when he observed two men harassing her and went to her aid.
Now on trial for second-degree murder are alleged assailants Jessy Herlichka, 29, and Paul McClung, 29 both of Midland. Wayne Mixemong says court heard that McClung stood by and threatened witnesses if they tried to intervene and help the victim. McClung and Herlichka have pleaded not guilty to second degree murder. Herlichka has pleaded guilty to manslaughter which was not accepted by Crown Attorney Dennis Chronopoulos.
Mixemong says he just wants to see justice done.
“They don’t know how this has impacted my family. It does a number on you – I will never be the same. I think about it all the time and cry every night. Tuesday at court was very graphic – we saw all the pictures of the injuries to his face and body. We heard the 911 call with all the screaming in the background when the beating was going on. It is very tough to sit through but we are there for my brother,” said Mixemong.
Mixemong says Andrew’s death has represented a huge loss to not only him, but the family and Christian Island community where they have relatives and friends, and where Mixemong was laid to rest.
“The courthouse has been filled with supporters coming from many miles away including some Mohawk and other native friends. We have had many community members from Christian Island braving the cold and stormy weather, travelling on the ice road to come to Barrie court – family members, cousins and friends are continuing to support us,” said Mixemong.
Andrew Mixemong named ‘Neezhodah’ meaning ‘Two Hearts’ was a gentle man and very traditional. A First Degree Three Fires Midewiwin, he was a spiritual teacher and pipe carrier. President of the Georgian Bay Native Friendship Centre (GBNFC), Mixemong was also well known throughout the entire North Simcoe community and farther.
Wayne Mixemong described his brother as someone who would “give you the shirt off his back” and would help people no matter what their needs were. Andrew was a very spiritual man and who shared his teachings.
“He was a role model for Native Friendship Centres across Canada. In Midland at the GBNFC there is a huge wall dedicated to my brother in the new extension, a project he worked on right up to his death. Last May the Town of Midland had a plaque dedicated to ‘Neezhodah – Two Hearts’ near the library,” said Mixemong.
“We moved to Midland 45 years ago and attended school here. Andrew worked in Collingwood Shipyards until it closed. He used to travel all over the place following the Pow Wow circuit and he took me with him. We danced traditionally at Pow Wows dressed in our regalia. It was my brother who taught me how to dance. I loved him and will miss him always. We were like twins – very close.”
Mixemong says while it is difficult, dealing with the trial has actually made the loss easier. It makes his family feel good to see all the support and he wants community members and friends to feel welcome.
“No matter where we go people have shown my family respect. At first we were excited and happy as the trial approached because we saw it as finally coming to an end to the suffering – something I was started to feel was going on and on. Now I am starting to accept it and it has brought my family and me closer together,” said Mixemong.