Edmonton Remand guards told Starrett to kill himself, incited violence against him: judge

A man convicted of beating his one-year-old son to death will serve less time in prison partly because he was the victim of "state misconduct" at the Edmonton Remand Centre (ERC), a judge has ruled.

Damien Starrett experienced "disparaging remarks and express or implied threats" made by one or more guards while being held at the jail, Justice John T. Henderson wrote in his sentencing decision Tuesday.

Henderson gave Starrett a three-month reduction on his seven-year sentence because of what happened at ERC in the months before he was granted bail in April 2020.

"I can't believe they are letting you go. You should kill yourself," an unnamed guard said to Starrett, the document states.

"Immediately thereafter one of the ERC guards who had said these words went to a nearby cell containing other prisoners and said to the other prisoners: He's a f–king baby killer."

Henderson determined that the conduct was "not just unprofessional, it was a gross violation of their duty to protect all prisoners."

"It is not their function to assault, threaten or intimidate prisoners. Nor is it the function of ERC guards to incite other prisoners in a way that could potentially cause harm to other prisoners," Henderson wrote.

'TAKEN SERIOUSLY'

Privacy legislation prevents Alberta Justice from disclosing any information about inmates or the performance of employees, a spokesperson said in a statement to CTV News Edmonton.

"Any complaints about Government of Alberta staff, including correctional peace officers, are taken seriously and investigated fully," wrote communications advisor Katherine Thompson.

"The safety of staff, inmates and visitors is paramount in all our remand and correctional centres."

The statement did not say anything about reprimands or changes being made at ERC by Alberta Justice as a result of Henderson's decision.

'SETS A GOOD TONE': LAWYER

The abuse that Starrett experienced is not surprising to criminal defence attorney Shawn King, however he said a judge giving sentencing credit for it is rare and welcome.

King said clients tell him of abuse at ERC and other facilities on a "regular basis", including physical assaults, "but it's hard to prove in court." At the old Remand Centre downtown, he used to get a taste of it when meeting with clients.

"It was open glass and you could see all of the other pods and you could literally hear the guards screaming and yelling at the inmates," King told CTV News Edmonton.

"There are people who are targeted. Sex offenders, people who pray upon women, guys that are charged with homicides, those are the ones who really get a rough ride, really get messed up by the guards."

King noted he knows correctional officers who do a great job, but said it can encourage a "gang mentality" where guards feel they need to punish people.

He hopes Henderson's decision starts a "culture change" of higher professionalism in Alberta corrections, but he's not betting on it.

"Maybe it's setting a tone, but I'm not sure if this is really groundbreaking or it's going to change the path going forward, with maybe the exception of this one particular judge," King said.

Alberta Justice citing "privacy issues" is part of the problem King said, making it harder for lawyers like him to get information or evidence about abuse allegations.

'HOPING HE'S GOING TO GO TO A MEDIUM-SECURITY JAIL'

Starrett returned to custody at ERC in June 2022. He had been in "administrative segregation" for most of the time.

Henderson also gave Starrett a four-month sentence reduction for "collateral consequences" at the jail including being the victim of two incidents of "fecal bombing" and being subjected to segregation and COVID-19 lockdowns.

Starrett's lawyer told CTV News Edmonton outside the court that he was glad the judge believed his client and reduced his sentence.

"I'm hoping he's going to go to a medium-security jail and I hope authorities will deal with security issues appropriately," Rory Ziv said.

After credit for time served and reductions, Starrett has about four-and-a-half years left on his sentence.

CTV News Edmonton reached out to the Alberta Union of Provincial Employees (AUPE) to respond on behalf of correctional officers at the ERC, but AUPE declined to comment.

With files from CTV News Edmonton's Joe Scarpelli