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Assault details horrific Common-law wife stabbed with a bloody and broken mop handle
Miranda Scotland
Northern News Services
Published Monday, September 2, 2013
KUGARUUK/PELLY BAY
A Kugaaruk man who killed his common-law spouse by stabbing her twice with a broken mop handle in 2008 was convicted of second-degree murder Aug. 23 in Iqaluit.
Bruce Kayaitok and Belinda Tootiak were having an argument June 13, 2008 when Kayaitok turned violent and dealt his wife a "prolonged and vicious beating" while their two young sons were in the home.
"Kayaitok stabbed her twice near the bathroom and then continued to beat her with the mop handle as she fled to the living room, dying from her injuries," Justice Earl Johnson stated in his written decision.
An autopsy revealed Tootiak sustained more than 40 injuries to her body.
A wound to her femoral artery likely caused her to bleed out in minutes, a medical expert testified.
Kayaitok previously pleaded guilty to manslaughter but not guilty to second-degree murder.
The Crown, however, was not satisfied with the pleas and sought a conviction on the latter charge.
For the charge to stick, Crown prosecutor Paul Bychok had to prove Kayaitok knew what he was doing and that he intended to kill Tootiak.
The Crown stated in a written statement that after the assault Kayaitok tried to clean up the bloody mess before taking Tootiak to the local health centre.
He also went out of his way to place the bloody broom handle he used in the stabbing between two cushions on the living room couch.
When Kayaitok was at the health centre he tried to suggest the wounds were the result of an accident. He told police officers "she fell on a broom" and she fell while the couple was in the shower together.
The officers and the nurse at the health centre all stated that Kayaitok seemed to be sober on the night of the incident.
The Crown also relied on witness statements to paint a picture of a relationship in crisis that was only getting worse with time.
In September 2007 Tootiak went to the health centre after her husband had badly beaten her.
A witness who saw her that night gave testimony on Tootiak's appearance, saying she was bruised all over, with a bite mark on her finger and parts of her hair pulled out.
Tootiak fled to the health centre that night because Kayaitok had threatened to kill her and her two children.
In another incident, this time in May 2008, Kayaitok punched and kicked Tootiak, stomped on her feet, choked her, bit her and pulled out her hair, according to a medical report from the night.
Tootiak said the reason for the beating was because her husband thought she was seeing another man.
The night before Tootiak's death Kayaitok was looking to hurt someone.
He told a friend he wanted to kill an out-of-towner by the name of Roland because he thought he was fooling around with Tootiak.
There is also evidence Tootiak told her mother a few days before her death that she was afraid she wouldn't survive the next assault.
She was preparing to flee Kugaaruk with her two children.
Tootiak had spoken to a Social services worker 11 days before the incident about the department possibly paying for her and her children to get out of the community and move to Gjoa Haven.
She had been waiting for a call from a social worker when her fears came true.
Kayaitok admitted he beat Tootiak and she died as a result of the wounds he inflicted.
However, defence lawyers Malcolm Kempt and Claire Henderson argued he didn't intend to kill her.
The defence suggested the judge shouldn't put much weight into Kayaitok's behaviour after the killing because it had little bearing given that the accused had already admitted to the act.
Further, the defence argued if the judge relied on the evidence of past assaults he might draw the "forbidden inference" that Kayaitok is a bad character and thus intended to kill the victim.
After reviewing the arguments and the case law, Johnson ruled in the Crown's favour. It's clear the couple's relationship was in crisis and the situation was escalating, he stated.
By June 12, 2008 the hostility Kayaitok held toward Tootiak "was ready to explode," stated Johnson.
"That explosion came on June 13, 2008 when the accused decided that fateful morning to murder Belinda Tootiak either before or during that prolonged and vicious assault."
Kayaitok is expected to be sentenced to life imprisonment Sept. 25 in Kugaaruk.
At that time, the judge is expected to rule on when Kayaitok will be eligible for parole.
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