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Fact blinded by emotion?

Fact Blinded by Emotion? - The Markham Economist & Sun - September 11, 1999

by Rick Vanderlinde

For weeks now, there has been an uneasy fear that events surrounding the tragic case of Joanthan Wamback were about to turn ugly. A fear that, blinded by emotion and a sense of justice denied, a vigilante mentality would take over the minds of decent, law-abiding folk.

The latest opportunity to exact some sort of revenge on the three teens charged with attempting to murder Wamback came Thursday when the accused marched into the Newmarket courthouse for a brief appearance.

Emotions were certainly sizzling, with a small gathering of protestors holding signs saying the Young Offenders Act helped put the 15-year-old Newmarket boy into a deep coma by giving his attackers the freedom of anonymity and the promise of a light sentence.

"Stop the injustice of the Young Offenders Act," one sign read. "Where is the justice ? Who speaks for the victim?" - another stated.

The protestors believe that if the three teens had been faced with the "real"deterrent of adult court, with the possibiliy of lengthly jail sentences and lifelong criminal records, the attack would never have happened.

"If the Young Offenders Act was more in line with the crime, maybe some of the accused would be saved as well as the victims" said protest organizer Linda Zuber.

It's difficult to criticize the group for trying to do something, even though some may have clumsily trod over the facts as they vent their frustrations.

No one knows for sure exactly what did happen to Jonathan Wamback on June 29. Yet protesters relate their version of the events as if it were undisputed gospel, even though when callenged, no one can say for certain how things unfolded.

But that didn't stop the protestors from scrawling words such as "brutally beaten" on their sweatshirts, even though Jonathan's friends admit the boy himself didn't think he was badly hurt .

In fact, instead of telling his dad what had happened when he got home, Jonathan called two of his friends and invited them over.

He didn't want to tell his Dad he had been in a fight" one of those friends said outside of the courthouse Thursday. "It was just one bump on the back of his head and a cut lip. He didn't think he was hurt that bad." [ Site note - Jonathan was not exactly thinking clearly as he had just had his brain severely injured - so the fact that he didn't think he was badly hurt doesn't mean that he wasn't].

The other teen shrugged, adding "People get beat up all the time." [ Site note - the fact that a teenager is very callous about the fact that people get beat up doesn't make it right or sanction what happened to Jonathan does it? Doesn't this make you concerned when this kid just shrugs the whole thing off? Does the reporter think that this justifies what happened? ].

That's a far cry from the horrifying scenario that has been painted by the media , and by many of the protestors- a scenario of Jonathan being beaten so badly he lapsed into a coma after staggering home, where he finally collapsed. [ Site note - No one ever said that he staggered home and collapsed. His current condition is the real indicator of the extent of the massive injuries he suffered to his head - not whether or not he fell down when he got home. Does it not matter that the gang beat Jonathan once near the washrooms, then after he fled they chased him down in a car driven by another individual (who has not been charged). They then cornered him as he cowered behind bushes in between two houses and then they kicked him and delivered the devasting blows to his brain? If this isn't horrifying, then this reporter has a problem with reality. ]

With those somewhat inflamed descriptions, retaliations against the accused teens may have been expected Tuesday as walked past protestors into the courthouse. A shove, a spit in the face or an off-color remark would have come as no surprise.

But the teens, who are all out on bail, were able to enter and exit the courthouse without even as much as a slur being thrown their way.

The presence of several police officers and a handful of reporters may have snuffed out any such thoughts. Or perhaps the Young Offenders Act has actually protected the teens identities, and incredibly, the crowd didn't realize the accused were among them. [ Site note - That would be pretty incredible considering that the police escorted the three teens into the courtroom ].

But there were some ugly moments Thursday.

Shortly after the court appearance, a grandfather of one of the accused was confronted by a man in the parking lot.

"Are you the grandfather of one of those boys?" the man asked.

"Yeah", the grandfather said, a reporter standing next to him. "Well then, f*** you."

With a crooked smile, the grandfather said "See."

Minutes later, the man came back, fearing that he had made an embarassing mistake. "You aren't the grandfather of the Wamback boy are you?"

When the grandfather said he wasn't, the man walked away again sneering.

The grandfather, who can't be named for fear of identifying his grandson, said the accused boys have suffered similar onslaughts.

"The accused are being turned into victims here before they've even had their day in court. He said that the boys have received anonymous phone calls at home and, in one case, at work, calling them murderers." [ Site note - they've really had to suffer compared to Jonathan - they've been called names but they're walking around free on bail. If they hadn't attacked Jonathan in the first place they wouldn't have had to suffer at all. Let's not kid ourselves - there were witnesses ( including the individual who drove the car when they tracked Jonathan down after beating him the first time ) who have told the police that these kids did it and the kids themselves were bragging about "beating up the Wamback kid" to their friends before they were arrested. I have personally received an Email from one of the SHA gang members stating that Jonathan got beat because he was a member of the other gang (the TK) and that he deserved what he got.]

He also said his grandson wasn't allowed to return to school last week and was barred from another York Region school when the principal found out who he was.

"He hasn't been convicted yet" he said. [ Site note - Jonathan hasn't been convicted either and he can't go to school - in fact he may never be able to go to school again.]

"There are all these allegations and no bloody facts. I wish these people would just wait for court to get the facts first."

Some may say too bad, look at Jonathan. He may never recover, may never be the same again.

Like the question on protestor Cheryl Taylor's sweatshirt asking: "What would you do if your chld was brutally beaten into a coma?"

It's a question everyone wishes the Wambacks never had to face.

But is playing fast and loose with the presumption of innocence the answer? [ Site note - no, it's not the answer. But is playing fast and loose with someone's life without having to face the consequences of your actions the answer either? ]