Montreal Lake Cree Nation stabbing case results in 17 year prison sentence

According to the agreed statement of facts previously read by Crown Prosecutor Anthony Gerein, Smith and Stewart had been drinking together and had gone for an hour-long drive earlier that morning. Smith had also recently been released from jail.

Walker Smith. (Nigel Maxwell/ paNOW Staff)

Stewart dated Smith’s cousin, Allison Bird, and lived with her and their young child.

When the two men returned to the house where they had been drinking, Stewart and his girlfriend engaged in a physical argument. Also in the house at the time were a number of her other family members, including two other children.

The couple was seen arguing outside the house. Stewart attempted to slap Bird at one point and largely missed, grazing her head instead. He walked away and headed for the road.

Smith emerged from the bathroom, picked up a kitchen knife and pursued Stewart, telling others he was going to “calm him down”.

Upon reaching Stewart, Smith asked for a hug and when he got close enough, stabbed Stewart twice in the chest.

“This is what some cases refer to as near murder,” Gerein said during his submissions, adding Smith did not need to grab the knife. “He lured him into harm”

Defence lawyer Zachary Carter comments on Smith not apologizing in court. (Nigel Maxwell/ paNOW Staff)

While Stewart passed away in his girlfriend’s arms, Smith, who did nothing to assist, made his way back to the house, gave the knife to a woman in the home, and stated he would be taking his cousin and her children with him and then burn the house down.

Around 3 a.m., Bird called RCMP and they arrested Smith as he was attempting to leave in his own vehicle.

“There has been a significant impact on everybody,” Gerein said. “This was a brutal killing.”

Defence lawyer Zachary Carter previously noted his client was impaired with alcohol and meth. He stated Smith is deeply remorseful and had no intention to kill his friend.

“He will have to live with that mistake for the rest of his life,” Carter said.

While Smith’s criminal record is relatively short, and was non-existent before the stabbing death of Stewart, he has since accumulated eight weapons-related convictions, including one for assault. Carter noted up until five years ago, Smith had been living a good life, had a family and a house, but lost it all due to his drug and alcohol use.

As part of Friday’s sentencing hearing, multiple victim impact statements were read by Gerein. Bird wrote not having Stewart around has been unbearable.

“There’s a special place for people like you,” she said to Smith.

Allison Bird speaks to paNOW outside the courthouse. (Nigel Maxwell/ paNOW Staff)

Tracy Bird-Stewart was previously in a long-term relationship with the victim, and they had a son together who is now 15 years old. In her statement to the court, Bird-Stewart described feelings of anger and anxiety. Outside the courthouse, she described feeling a mix of emotions at the hearing.

“It felt like it hit all over again the night my brother told me he passed, but I also felt a sigh of relief with the sentencing.”

Bird-Stewart also knew Smith from years ago and said that made the sentencing even harder.

“I’m sad life happened that way for him and Kevin, and I’ve got to find forgiveness now.”

Stewart’s teenage son wrote the most emotional statement of all, where he described feelings of depression and being lost.

“I want to be with my dad,” he said.

Bird-Stewart said this was the first time she learned how her son was feeling and said she plans to take him out of the community to help him heal.

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nigel.maxwell@pattisonmedia.com

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by Nigel Maxwell

Montreal Lake Cree Nation stabbing case results in 17 year prison sentence

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