Kelly Ellard sentenced to life for second-degree murder of teen Reena Virk
at 20:07 on July 7, 2005, EST.
AMY CARMICHAEL
VANCOUVER (CP) - Teen killer Kelly Ellard is frozen in a nightmare created on the cold fall night when she drowned an awkward, troubled 14-year-old girl, a judge said Thursday in sentencing her to life in prison.
Ellard hung her head as Justice Robert Bauman told her she will remain trapped until she takes responsibility for her actions. Bauman ruled that Ellard must spend seven years in custody for the 1997 death of Reena Virk before she can apply for parole.
Because of time already served, Ellard can seek parole in three years and nine months.
"Far from feeling remorse for this senseless murder . . . it's apparent you bragged and seemed proud of your actions," Bauman said.
Virk's mother Suman sighed with relief as the B.C. Supreme Court judge castigated the pale, gaunt Ellard.
"Her unwillingness to accept responsibility for her own actions puts her at high risk for delinquent behaviour," Bauman said.
It's a long time to have waited for justice, Virk's mother said outside court.
Ellard was found guilty of second-degree murder in 2000 and later won an appeal. Her second trial ended in a hung jury.
The Virk family, often sitting just a few seats over from Ellard's parents, has been in court day after day reliving the graphic details of Reena's death.
Virk, a loner who was in and out of foster homes, was beaten by Ellard, Warren Glowatski and six teen girls for allegedly sleeping with another girl's boyfriend.
The killing focused national attention on the issue of teen violence, particularly among girls.
Bauman said the prolonged swarming of Virk was a brutal assault against "a girl who sadly was just trying to find a place in society."
Glowatski was sentenced earlier to life in prison and is still in jail. His parole eligibility also was set at seven years. The minimum parole eligibility for a juvenile tried in adult court and convicted of second-degree murder is five years.
The six other girls were convicted of assaulting Virk and sentenced as juveniles.
Bauman said Ellard played "a central role in the attack and a crucial role in the murder."
He noted she was just 15 at the time, with no previous criminal record.
"Just who Kelly Ellard is, then and now, is the conundrum I find in sentencing."
He outlined her troubling behaviour while awaiting trial, including being accused of assaulting a woman in a park and threatening other inmates. She was caught drinking, has been accused of using cocaine and Bauman found she has done nothing to better herself.
"Ms. Ellard could not play by the rules even in the throes of a murder trial," the judge said.
Virk's family was pleased with the judge's sentence. Her father, Manjit, who rarely makes appearances at court, stood beside his wife after the decision and faced the media cameras.
He spoke about his hopes for Ellard and wishes that she will find a healthy path in life.
"I feel very sad for her today. She has opportunities available to her to improve her life. I really hope she will go that path. Nobody can do it for her.
"I really believe she is lacking something here," he said, motioning to his heart."
Ellard still denies any involvement in the murder and her lawyer has said she will appeal this second guilty verdict.
Reena's mother Suman Virk said she can't even think about that happening.
Suman's uncle, Nand Pallan, said he's still asking questions that have gripped him since the day Reena died.
"Why Kelly? What was the reason to kill her? I know Reena since she was a little baby, she would never hurt a fly," he lamented.
Both Virk and Ellard were described by their grandparents in letters to the court as girls deprived of the opportunities that come with growing up. Reena will never be a nurse. Kelly has never gone on a date. Reena will never experience the joys of parenthood. Kelly has never had a job.
Ellard is described as having a fragile mental state as a result of her time in jail.
Her mother, Susan Pakos, asked the judge to release her to the positive influence to her family as soon as possible before her chances of rehabilitation are ground down.
"She has suffered more publicly and privately than anyone can ever imagine," she said in a letter to Bauman.
The attack on Virk was waged two months after Ellard's 15th birthday.
"She's lived in its shadow ever since," said her lawyer Peter Wilson.
"She's a person everyone loves to hate. Everyone has an opinion of her, most of which has been absorbed from the media coverage which has demonized her."
Few accused have gotten more coverage than she has, Wilson said.
Her family members have been hounded, even stalked by some members of the media, he said.
Her mother has refused to give interviews. She waited for the verdict in the case on another floor of the courthouse and was noticably absent when her daughter's sentence was handed down.
"I have nothing to say to you," she said after court adjourned Thursday.
Before the sentencing, Ellard's stepfather said his daughter is a harmless 15-year-old girl frozen in time and isn't a danger to society.
George Pakos left court angrily after listening to Crown counsel Catherine Murray describe Ellard as the violent leader of a vicious attack on an already injured girl.
"Rapists and pedophiles are a danger to society," Pakos said.
"She's not a danger to society, I'll tell you that. She's just a young girl. You can put that in your paper."
Ellard was found guilty in May of unleashing a beating on Virk so severe she was left with shoe imprints in her skull and layers of her fat and muscle were sheered apart.
A pathologist testified it usually takes the force of a car to do such damage.
The attack was unprovoked, court heard. Ellard and her friends lured Virk out to punish her for allegedly sleeping around and bad-mouthing people.
Ellard followed Virk as she tried to get away.
She was determined to stop Virk from ratting, Murray said.
Ellard smashed Virk's head on a tree, dragged her into Victoria's Gorge waterway and held her under until she stopped moving.
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