Dead boy’s father posts Facebook response after Appeal Court upholds conviction

David, Collet Stephan were found guilty in their son Ezekiel’s 2012 death from bacterial meningitis

A B.C. father whose conviction was upheld for failing to provide the necessaries of life to his son has posted a Facebook response critical of the judges and prosecutors on the case along with the entire justice system.

David Stephan and his wife, Collet, were found guilty last year in their son Ezekiel’s 2012 death from bacterial meningitis.

Their trial in Lethbridge, Alta., heard they treated the 19-month-old boy with garlic, onion and horseradish rather than taking him to a doctor.

“I have come to … realize that within the current system there is no room for justice and truth, there is no humanity and there definitely is no love,” David Stephan wrote from his home in Nelson, hours after the Alberta Court of Appeal decision on Wednesday.

In the post that included two photos of his three children and pregnant wife, Stephan said he described the appeal process as a “rollercoaster of emotions.”

Two of the three Appeal Court judges supported the conviction, but Justice Brian O’Ferrall offered a dissenting opinion. He said the Stephans should have been granted a new trial.

“I have been strongly cautioned to keep quiet as these types of posts could influence the outcome of court decisions, bail hearings etc … But this world needs more people that are willing to take a stand for truth … regardless of the cost,” Stephan said.

“People like Justice O’Ferrall, who was willing to go against the grain and judge righteously, in light of whatever political pressure that he was up against.”

Because of the split decision, the Stephans have automatic leave for the Supreme Court of Canada to hear their arguments, if they choose to take their appeal to that level.

Stephan didn’t directly indicate if they would do so, but he noted he and his wife are grateful they have finally paid off $500,000 in legal bills. He also gave thanks for $150,000 they received in donations.

“But on the other hand we are not excited about the fact that the legal fees are now going to start accumulating again,” he wrote.

Stephan, who said his wife is expecting another child soon, also wrote in the Facebook post about the “dismay” he felt no longer being able to be there to support his wife through the birthing process and meet the newest member of their family until he gets out of jail.

Stephan sentenced to four months behind bars

Stephan said the trial judge erred in his charge to jurors and gave them no choice but to find the couple guilty.

He also pointed to what he called a number of “glaring issues” in the case, including “withheld and falsified” evidence and an “elaborate coverup” of what he said was an ill-equipped ambulance. He said that led to Ezekiel going without oxygen for over eight minutes.

Witnesses at the trial said the little boy’s body was so stiff he couldn’t sit in his car seat, so the toddler had to lie on a mattress when his mother drove him from their rural home to a naturopathic clinic in Lethbridge, where she bought an echinacea mixture.

The Stephans never called for medical assistance until Ezekiel stopped breathing. He was rushed to a local hospital and died after being transported to Calgary’s Children’s Hospital.

David Stephan was sentenced to four months in jail and his wife was ordered to spend three months under house arrest — the only exceptions being trips to church and to medical appointments.

During the jury’s decision of the guilty verdict, Stephan recalled that one of the crown prosecutors made the statement that “sometimes love just isn’t enough”.

“With all of the corruption, deception, murdering, and greed that I see plaguing humanity and finding its way into the highest levels of government, I argue that it isn’t that “love just isn’t enough” but rather that there just isn’t enough love,” he said.

The two were released early pending the outcome of the appeal.

The Crown has indicated it will appeal the sentences as being too lenient.

Stephan appeared to believe he will be forced to resume serving his sentence immediately.

He indicated he regrets not speaking out sooner.

“I offer my sincere apologies for remaining quiet over the past year as I valued my false sense of security more than the need to openly speak the truth by exposing the corruption,” he said.

“I have come to see that if I remain quiet today, someone else will needlessly suffer tomorrow.”

With files from Bill Graveland, The Canadian Press

Just Posted

New on-reserve housing for Akisqnuk

Six-plex first of 28 units to be built; first new homes in 25+ years

Slocan Ramblers mosey into town

CV Arts presents Slocan Ramberls Thursday, March 28th

Seniors association advocates for Valley health

Letter-writing campaign underway now

Market move placed on hold

Invermere market will remain in current 6th Ave. location for now

Family loses everything in Canal Flats trailer fire

GoFund me page started for the Soucy family

The good, bad and the unknown of Apple’s new services

The announcements lacked some key details, such as pricing of the TV service

Eviction halted for B.C. woman deemed ‘too young’ for seniors’ home

Zoe Nagler, 46, had been given notice after living in the seniors complex in Comox for six years

Vancouver Island home to B.C.’s luckiest lotto store

Five million-dollar winners have bought tickets from same Port Alberni corner store

Video of ‘brutal, shocking and chilling execution’ opens B.C. murder hearing

Sentencing underway for Brandon Woody after pleading guilty to second-degree murder in Nanaimo

Is it a homicide? B.C. woman dies in hospital, seven months after being shot

Stepfather think Chilliwack case should now be a homicide, but IHIT has not confirmed anything

SPCA seizes 54 animals from Vernon property

Animals weren’t receiving adequate care

Morneau unveils principles for Indigenous ownership in Trans Mountain pipeline

The controversial pipeline was bought by Ottawa last year

Refugee who sheltered Edward Snowden in Hong Kong arrives in Canada

Vanessa Rodel and her seven-year-old daughter Keana arrived in Toronto this week

New UMSCA trade deal getting a boost from Trump, business groups

The trade deal is designed to supplant the North American Free Trade Agreement

Most Read