News Local

Grandmother gets life 0

By Neil Bowen, Sarnia Observer

A 50-year-old Wallaceburg grandmother has been sentenced to life in prison with no chance of parole for 10 years for murdering her two grandchildren.

Jane LaMarsh pleaded guilty Friday to the Dec. 3, 2009 second-degree murder of 10-year-old Tyler Bernard and his six-year-old sister Taiya Talbot.

A packed and hushed courtroom heard disturbing details of the evening LaMarsh drove into the St. Clair River after the children's mother was told LaMarsh was taking them for a quick shopping trip.

"Be good," was their mother Stefanie Bernard's last words to them as they left with LaMarsh, according to Bernard's testimony during a preliminary hearing. She expected them to return in about 20 minutes, assuming they would be staying in Wallaceburg.

"She (the mother) never could have foreseen the terrible turn of events," said Superior Court Justice Renee Pomerance as she announced the sentence.

LaMarsh's last words to the children were "Oh my God guys, I'm so sorry" as she directed her Ford Tempo off the St. Clair Parkway, south of the Suncor curve around 7 p.m.

She had made a U-turn to head southbound towards Wallaceburg. She made no attempt to steer away or brake as she drove down the river embankment on an angle for 91 metres.

Collision deconstructionists testified during the preliminary hearing it took six to seven seconds to hit the 49 F water.

A witness testified at the preliminary hearing the car came off the huge boulders at the shoreline and "jumped" into the river.

LaMarsh's 12-year-old daughter was also in the vehicle. She had testified during the preliminary hearing that she had assumed her mother was heading for a driveway at the bottom of the embankment.

As the water was coming in nobody was saying anything, the daughter had testified at the hearing. She had pulled at Taiya trying to get her free and out the door she had managed to open.

She finally had to leave when she could not hold her breath any longer.

The teenager decided not to attend Friday's sentencing.

"I can't imagine what she's going through," said Det-Sgt. Scott MacLean of the Sarnia Police.

She had to come to terms with her mother admissions she tried to kill her and the teenager is also coping with survivor's grief that will require long-term counselling, said MacLean.

At the preliminary hearing she had testified she did not believe her mother tried to kill her.

A charge of attempted murder was withdrawn. But the teenager has to struggle with knowing her mother tried to kill her, said assistant Crown attorney Richard Weatherston.

A court order has prohibited publication of the teenager's name.

The emergency responders that arrived on scene were unable to revive the children after pulling them from the car 90 minutes later.

The vehicle was submerged in about 15 feet of water.

A passerby had waded chest deep into the river struggling against the icy water's current trying to reach the car but it was too far away and too deep.

A Sarnia police officer arriving on the scene minutes after the car submerged rushed into the water towards the headlights that were still shining but was also forced back.

"We all hold children dear to our heart," said MacLean explaining some of those at the scene have continued to seek assistance due to the tragedy's impact on them.

The second-degree murder conviction comes with an automatic life sentence.It is different from first-degree that is defined as planned and deliberate.

The plea followed consultation between Crown and defence lawyers, along with police and the victims' family.

The plea agreement called for LaMarsh to be granted parole eligibility after serving 10 years.

Pomerance agreed with the joint submission, calling it a fit punishment that may help the healing process.

Pomerance, Weatherston and defence lawyer Lynda Lamb all addressed LaMarsh's mental health at the time.

She was in an emotionally disturbed state suffering from a mental illness but under the law remained responsible for her actions, said Pomerance.

Weatherston said LaMarsh had a 15-year history of depression.

In 2008, she had told a mental-health nurse she had previously thought about driving into head-on collision with her daughter in the car and had attempted to gas herself, her daughter and grandchildren.

In July 2009 LaMarsh had written on a mental-health form she would kill herself if she had the chance. In October 2009 she complained to a psychiatrist about stressful events at home and said a new medication was not improving her mood.

A followup appointment had been set for Dec. 4, 2009 but the murders prevented that appointment.

On Dec. 4, she had to be admitted to hospital because she was suicidal. Her husband had to take a knife away from her. While at the hospital, she told a nurse she had tried to commit suicide by driving into the river.

LaMarsh later denied making the statement.

But LaMarsh told another nurse she had been angry on Dec. 3 but nobody listens to her. She also said she gets satisfaction from getting back at others who do something to her, whether it is thinking it or doing it.

Lamb said LaMarsh knew something was wrong and was desperately seeking help.

"She did not get it . . . in-depth assessment . . . in-depth treatment," said Lamb.

It is "very troubling" LaMarsh's suicidal and homicidal thoughts were never brought to the attention of authorities and hopefully there will be some sort of investigation, said Lamb.

She added she raised the issue not to excuse LaMarsh's actions but to attempt to answer the "why" of the tragedy."

"I am devastated by my actions . . . I understand I need so much help and treatment," said LaMarsh reading from a single sheet of paper during the sentencing.

Pomerance recommended LaMarsh receive an immediate mental health assessment and treatment when she enters the prison system. She also recommended she be placed in a facility equipped to provide such treatment.

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