Pubdate: Tue, 09 May 2006
Source: Windsor Star (CN ON)
id=ff538926-1502-4b4f-abd4-1dfad7d72186
Copyright: 2006 The Windsor Star
Contact:  http://www.canada.com/windsor/windsorstar/
Details: http://www.mapinc.org/media/501
Authors: Doug Schmidt, Roberta Pennington, Dalson Chen

COP'S DEATH SPARKS ILLEGAL GUN DEBATE

2 Accused In Court Via Video Link

While unwilling to comment specifically on the shooting death of  
Windsor Const. John Atkinson, federal Justice Minister Vic Toews said  
it highlights the need for tougher Canadian laws on gun crime.

"The prevalence of these guns on our streets, it's not acceptable,"  
he told The Star Monday.

The federal Conservatives are hoping to scare illegal guns off the  
streets by legislating stiff mandatory minimum jail sentences for  
simple possession of a restricted weapon.

"We want to prevent serious crime. We want to make sure people  
understand .. the consequences are very, very firm and very serious,"  
said Toews.

He said Virginia saw a steep dive in serious gun crimes after the  
state imposed a minimum five-year term for felons caught with a firearm.

Toews describes guns as "the tool of the trade" of drug dealers, and  
that there is "a very strong correlation between drugs and guns."

Windsor police report they seized cocaine from both suspects charged  
in the death of Atkinson.

Windsor police spokesman Staff Sgt. Ed McNorton said detectives are  
tracing the origin of the 9-millimetre handgun recovered near the  
scene of the shooting. Currently sealed, the firearm will be sent to  
a Toronto lab for forensic analysis.

The two 18-year-olds charged with first-degree murder made brief  
court appearances Monday via video link from the Windsor jail.

Nikkolas Robert Brennan stood expressionless before the camera during  
his appearance, while Coty Clifford Defausses appeared nervous and  
worried.

"He is very scared," said lawyer Maria Carroccia, who is acting as  
agent for Defausses and has spoken with the teenager at Windsor jail.

Both she and Helen Conway, lawyer for Brennan, are refusing to  
comment. A justice of the peace imposed a publication ban on  
evidence, and search warrants executed by the police over the weekend  
have been sealed.

"It's very early in the case -- I can't comment," said Conway, whose  
client's next court date is May 16. Defausses makes his next court  
appearance today, again via video link.

University of Windsor criminal law professor David Tanovich said he  
isn't convinced that harsher penalties on gun possession will get the  
weapons off the street. "In fact, just the opposite -- the most  
compelling evidence suggests that lengthy jail terms don't deter."

Instead, Tanovich said Canada needs better controls at the border  
aimed at "stopping the influx of guns coming from the U.S." and  
better community programs addressing those at risk of coming into  
possession of guns. "I think that focusing on community resources is  
a much more effective way than using mandatory minimums."

Tanovich said he hasn't seen any evidence that indicates the current  
punishments under Canadian law for gun possession are insufficient to  
serve as a deterrent.

Windsor police say a large number of investigators remain assigned to  
the Atkinson case.

Video seized from a security camera at the corner store near where  
Atkinson was murdered "has been very helpful," said McNorton.

Insp. Greg Renaud, who is heading the criminal probe, met with the  
Crown's office on Monday to update prosecutors on the case, said  
McNorton.

Public school board director Mary Jean Gallagher said Monday that  
crisis counselling teams continue to attend several area schools.

"It's a shock for everyone in our community. I think anyone of any  
age wandering our streets with a gun is appalling," said Gallagher.

Brennan, who was known to police, was halfway through Grade 10 at  
W.F. Herman high school -- Atkinson's alma mater -- when he  
transferred in June 2003 to the Catholic school board's St. Michael's  
high school, which specializes in students having difficulty in the  
regular school structure. A board spokeswoman would only say Monday  
that "he's not registered in our system."

Brennan turns 19 on Thursday, the day of Atkinson's funeral.  
Defausses dropped out of Century high school in November 2004.

Those who know the suspects describe two troubled lives.

Defausses and his twin brother were raised by his grandfather,  
Wilfred (Willie) Defausses, said Al Defausses, a cousin of Coty's.

"(Their mother) just brought him to the house, put him on the porch  
and said, 'Here dad, take care of them.' And he took care of the  
kids. And they were raised thinking that Wilfred was their dad, not  
their grandfather."

The Defausses didn't associate with Willie or his grandchildren  
because of Willie's alleged association with a Windsor biker gang, Al  
said.

"Willie was into the biking and the drinking and head of a biker  
group in Windsor," Al said, adding Willie died in 2005, believed to  
be in his 70s.

A man who described himself as a brother-in-law of Coty's grandmother  
said that the boy's arrest "shocked the hell out of us."

"The grandmother is taking it pretty hard. She's got nothing but  
remorse for the officer's family. I can't stress that enough."

The relative, who didn't want to be named, said he was an uncle to  
Coty and described him as a "good kid. Very polite to me.... Every  
kid has their problems. Every kid gets into trouble. But nothing that  
I know of has ever been major. Never."

A family acquaintance of Nikkolas Brennan said that Brennan is one of  
six siblings who were raised by their father after Brennan's mother  
took her own life when Brennan was 12.

Brennan's father Doug expressed his shock and sorrow over the weekend  
over the tragic death of Atkinson, a former high school football mate.
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