‘How come they let him out?’: Vancouver hate crime victim is frustrated by courts – BC
The victim of a random, hate crime in downtown Vancouver last year is sharing his chilling account of the incident — and his frustration with the Canadian justice system — after his attacker was sentenced last month.
Willy Kabayabaya, a father of three who immigrated to Canada from Burundi in East Africa in 2012, had finished a 10-hour plumbing shift on May 12, 2022, when he said a man approached him near Victory Square and began hurling racial slurs.
“He said, ‘Oh, f—— N—–, f—— Black, you look like s—,’ and I didn’t reply,” Kabayabaya told Global News.
“He [says], ‘You know, you’re a mother—–, I’m going to kill you. I’m going to change your face.’”
After threatening his life, Kabayabaya said the suspect pulled out a knife.
“I hit his hands and the knife [fell] down,” he recalled.
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Kabayabaya said he managed to grab the knife from his attacker, who ran off down the street. Kabayabaya said he called police and chased the suspect for a block before he fled into a store, where Kabayabaya said the man was arrested.
“In my mind, I’m thinking about if something bad [happens] to me, how am I going to support my kids? Who is going to support my wife?” said Kabayabaya, who has two daughters aged 14 and 15, and a son aged 20.
“I didn’t think like in Vancouver, downtown Vancouver, [some] random person can come to you, to speak something about being Black and say, ‘You look like s— mother—–,’ some stupid stuff. Like, I’m a dad and it was a really bad, bad time.”
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Abbotsford’s Shane Arin McKenzie, 25, was later charged with assault with a weapon and released on bail.
He was convicted on June 27 and sentenced on Aug. 18 to nine months in jail with credit for 90 days already spent in custody, followed by 12 months probation.
“Honestly, the justice here — now something’s not okay,” Kabayabaya said.
When released from custody, McKenzie must abide by 11 probation conditions, including taking substance abuse counseling as directed by his probation officer, not possessing any weapons, and not possessing any identification documents, including credit or debit cards, that are not lawfully in his name.
McKenzie was also sentenced for a series of crimes he committed while out on bail.
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He received one-day jail sentences for a mischief incident last December and possessing stolen property and breach of release in Port Coquitlam in July.
McKenzie was also sentenced to two months in jail for possessing stolen property over $5,000 in Surrey in June.
“How come they let him out?” asked Kabayabaya, who said he would have liked to have seen a five to 10-year prison sentence for his attacker.
“Even now, the sentence for 12 months. … I was not happy for the probation — what they say in the courts.”
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The Vancouver Police Department’s Sgt. Steve Addison said the attack on Kabayabaya involved “some of the most vile and reprehensible language that can be used.”
Based on the evidence presented at trial, police said provincial court Judge Gregory Rideout concluded the only motive for the assault was the color of the victim’s skin.
“There [are] some aggravating circumstances, particularly the language that was used, the violence that was used against a person who did absolutely nothing wrong,” Addison explained.
“We don’t need to hate people. No, we are human beings,” added Kabayabaya.
“Honestly, no matter who we are, white, Black, Asian, Indian — everyone — we’re human beings, we’re the same blood.”
Kabayabaya, who has worked as a comedian in both Canada and East Africa, and as a journalist back home in Burundi, said it was his dream to come to Canada.
At the time of the attack, he was working two jobs to support his family and said he had to take time off from his day job – and quit his second-night job for safety reasons.
Now, he’s urging other immigrants to fight for their rights — and take a stand.
“They must pay attention. They never know [when] something can happen to them,” Kabayabaya warned.
“I was lucky because I’m a really strong person.”
© 2023 Global News, a division of Corus Entertainment Inc.
