ATHABASCA — A man accused of aggravated sexual assault of a minor pleaded guilty to that and two other offences.
In the Court of Queen’s Bench in Edmonton July 29, Jacob McKinney, 35, sat rocking back and forth with his arms crossed as his lawyer Will van Engen and Crown prosecutor Sandra Christensen-Moore informed Justice Susan Richardson of a plea deal.
There is a publication ban on the name of McKinney’s victim and their parents.
van Engen apologized for the late start as he was concerned about the mental and physical well-being of McKinney who had told him he was unwell.
“Mr. McKinney advised me he’s in the middle of a mental health crisis,” he said. “He was diagnosed with bipolar disorder after these offences.”
McKinney was charged with six counts in total following the Nov. 13, 2020, incident; aggravated sexual assault, sexual contact with a child, two counts of choking with intent, one count of assault, and one count of housebreaking with intent and mischief damage.
When Justice Richardson asked McKinney how he pleaded, he pleaded guilty to sexual assault, assault and housebreaking, as agreed between the Crown and defense.
Christensen-Moore then read in the record of events.
“At approximately 3 p.m. Nov. 13, 2020, Mr. McKinney went to his co-worker's home where they had supper and sat by a fire outside,” she said. “They both consumed alcohol throughout the afternoon and night.”
Close to midnight McKinney went inside and his co-worker put him in a spare bed upstairs and went back down to clean up.
When he returned inside a short while later he discovered McKinney in his child’s bedroom where McKinney and the child were in a state of undress and he had the child pinned down and covered their mouth causing bruising and cuts from their teeth.
A fight ensued and the father was able to get McKinney out of the house.
“Mr. McKinney pushed his way back inside and then continued to fight (with the father),” said Christensen-Moore. “(The father) grabbed an unloaded firearm from the top of the freezer to persuade Mr. McKinney to leave but he grabbed the gun and the two struggled.”
He eventually did get McKinney out and called Athabasca RCMP who attended and two of them accompanied the father and child to the hospital where they were sent to the Stollery Children’s Hospital in Edmonton.
When one RCMP member returned to collect some personal belongings for the child. McKinney was discovered in the home and arrested. He had returned and had gone through the child’s bedroom and drawers then hid in a closet where he was discovered.
The mother of the victim read an impact statement describing how the child is terrified now and compulsively checks every lock and barely sleeps, how they cry at night and have withdrawn.
“You took away (their) sense of safety in (their) own home and (their) own bed where children should feel the safest,” she said. “The only monster (they) should fear are the ones under (their) bed but now you’re the monster who forced himself in (their) bed and hurt (them) in the way no child should ever be hurt.”
The father also had a victim impact statement read in which he mentioned how he could no longer trust people, something he had done all his life having grown up in a small town.
“Coming from a small town I've always believed in people as being good and honest,” he said. "Until that night where I was forced to fight for my family's life.”
After sentencing McKinney stood and apologized for his actions and took responsibility for what happened while promising to never set foot in Athabasca County ever again and had in fact moved away since his arrest.
“Words cannot express how sorry I feel for what I did. I'm truly ashamed and will forever carry this burden in my heart,” said McKinney. “What I did was unforgivable and every day it haunts me I hurt someone that badly.”
Justice Richardson noted there were mitigating circumstances which led to the delay of the trial including COVID-19 and accepted the early admission of guilt and counted the fact it prevented victim or any family member from having to testify, plus no previous criminal record.
McKinney was sentenced by Justice Richardson to four-and-a-half years' incarceration for the sexual assault, six months for the assault on the father and an additional six months for breaking into the house after everyone had left, for a total of five and a half years.
As well he will pay $3,732.69 to the victim by March 30, 2027, provide a DNA sample, is barred from owning any weapons for 20 years, from volunteering or working around anyone 16 years of age or under and must register under the Sex Offender Information Registration Act (SOIRA) to be on the National Sex Offender Registry (NSOR) for a minimum of 20 years, as well as remain a minimum of two kilometres away from the victim’s residence.
