Update: Goforths found guilty of 2nd-degree murder, manslaughter

A celebration in the unexpected rain as Tammy and Kevin Goforth were led away in handcuffs.

In front of posters adorned with the face of a four-year-old whose life was cut tragically short, a family cheered for the surviving sister, too young to really remember her.

“Ecstatic , we’re so so, so thankful, we are overwhelmed with happiness”, said Maxine Goforth. “We got justice.”

It was the scene on the steps of the Court of Queen’s Bench just ten minutes after a jury found Tammy Goforth guilty of second degree murder and her husband Kevin guilty of manslaughter in the death of the four-year-old. Both were found guilty of unlawfully causing bodily harm with respect to the two-year-old.

One woman shouted, “thank you Jesus”, while a crowd applauded before Justice Ellen Gunn appealed for quiet.

It has been an emotionally charged trial, several members of the public gallery were reminded by Gunn to stay quiet or were removed by sheriff’s during the three-week case. Extra security was evident throughout the trial, including the presence of Regina Police Service officers as the jury deliberated.

Court heard medical evidence that the girls were malnourished, dehydrated and covered in bruises when they arrived in hospital on Aug. 1, 2012.

The Goforth’s maintained they had no intention of causing harm or death.

The jury were shown powerful images of the two girls in hospital, Crown lawyer Kim Jones said, “those spoke volumes”. He described the trial as a difficult one, “this is definitely the hardest case I have prosecuted. It was an emotional rollercoaster from day one”.

The jury asked just one question during deliberations, seeking clarification on the issue of the “mental element” to prove murder. Crown lawyer Dana Brule believes the intent came down to what the jury believed Tammy should have known would result from her actions, ”when you looked at the images of those emaciated, skin and bone children, you had to have known”.

In her instructions to the six-man, six-woman jury, Gunn gave the option of the lesser charge of manslaughter for the jury to consider. With a break overnight, a brief recess during supper, the jury took just over 24 hours to reach their verdict.

Second degree murder carries a life sentence, but eligibility for parole can range between 10 and 25 years. The jury declined to have say in that decision-making process.

Speaking outside court, Kevin Goforth’s lawyer Noah Evanchuk described his client as “inconsolable”.

“For somebody who has never committed a criminal offense, had any kind of criminal record, I don’t think you can be prepared for [a guilty verdict].”

Tensions have run so high in court that at times, Evanchuk and his colleague, Tammy’s defence lawyer, Jeff Deagle, have needed a security escort out of the building.

“If we didn’t have defence lawyers, and we didn’t have that role, there would be no safe guards for anybody”, Deagle answered, when asked what he thinks of threats made against him.

Sentencing submissions and victim impact statements will be heard on Feb. 12.

The Goforth’s are now in custody, they left court to the sounds of “I love you” from their family.
 