Randolf Enns, fugitive wanted in Winnipegger's death, is in Paraguay, CBC News confirms

It has been more than two years since 21-year-old Derek Bossuyt was killed after a semi crashed into his truck on the Trans-Canada near Headingley, Man.

His mother, Karen Goodale, can't understand why the man charged with dangerous driving causing his death has evaded justice.

"How does somebody … just roam freely? How does that happen? How is that possible?" Goodale asked.

Randolf Enns, 35, was charged in July 2013. Enns was a no-show in court in October 2014 and has been evading police ever since.

But CBC News has confirmed that Enns is living in Paraguay, and there is no evidence any extradition proceedings have begun.

Goodale wants Enns, who was living in Edmonton and working for a trucking company in Alberta, to stop running and face the consequences. 

"He needs to at least give us the opportunity to hear what happened. I want to know what happened," Goodale said. 

"We deserve that much, and instead of spending the rest of his life hiding or whatever it is he's doing, he could come forward and give us that much at least."

Authorities told Goodale they believed Enns fled to Paraguay, but it was not until CBC News spoke to his brother, Manfred Enns, that his location was confirmed. Manfred said he saw Enns in mid-October in Paraguay's capital, Asuncion.

Bossuyt was killed when the semi slammed head-on into his pickup truck on the Trans-Canada Highway in Headingley on July 22, 2013. Bossuyt was leaving a baseball game at the John Blumberg complex and was on his way to his work.

Bossuyt had just landed his first real job as a welder, just bought a new truck and was hoping to meet someone to start his own family. 

The night of the crash, Bossuyt was being every bit the responsible young man his mom raised him to be. She said he left his baseball game early, he was wearing his seatbelt and he was driving the speed limit.

"You can teach your kids to do everything right and then something so senseless and random, a semi driver driving all over the place," said Goodale.

Dangerous driving causing death is one of the charges Randolf Enns was facing in court before he ran away.  Resisting arrest is the other.

Mother seeks justice

"Nothing will change our lives and nothing is going to bring Derek back," said Goodale. "The one last thing that I can do for him is to make sure that there is justice served." 

A Canada-wide warrant was issued after he skipped court on Oct. 1, 2014. The arrest warrant is one of the only tangible efforts Goodale has seen to get Enns to face justice.

She hopes the confirmation of his whereabouts will speed up government efforts to bring him back.

"I'm losing confidence," Goodale said, "if that's where he is, that he is going to be there to live his life the way he wants to live it."

Sources told CBC News that Enns is a dual citizen of Canada and Paraguay. He was born in Paraguay and came to Canada when he was 13.

The extradition treaty between the two countries states Paraguay does not require it to surrender its citizens, including dual citizens to a country making a request, according to Gary Botting, a B.C. lawyer.

"That said, since Canada almost always extradites its nationals, the diplomatic authorities of the two countries may be able to reach an agreement to extradite. But only if they first agree that there is an extraditable offence, such as manslaughter, on which they can proceed," added Botting. 

He said he knows of no case of an extradition between Paraguay and Canada. Another option is for Enns to be tried in Paraguay. 

"All of the evidence has to be taken down to Paraguay so that he can face trial in Paraguay," but that carries a degree of uncertainty, Botting explained.

"It's an untried set of circumstances. We are expected by Justice Canada and the courts to believe that Paraguay is an extradition partner that will indeed insist on justice being done," said Botting.

Botting acknowledged it's time to make changes to make the extradition process more fair.

"It is a very uneven system that needs to be revamped. The entire extradition process is very unfair anyway you look at it," said Botting. 

Manitoba Justice did not answer specific questions about the case. When asked about whether an extradition request was made, a spokesperson from Canada's Department of Justice wrote "we cannot confirm or deny the existence of such a request."

CBC News reached Randolf Enns's brother, Manfred Enns, by phone in Asuncion. He learned about the details of his brother's crash and Bossuyt's death from the internet.

"I read the whole thing. I was not happy about it," said Manfred Enns.

He said he does not know exactly why his brother is running away from the law, but he would advise him to take responsibility.

"I would finish up my business. I was not there. I don't know why he won't finish up his business, maybe because he is mentally unstable or maybe because he said he got maltreated by police officers," said Manfred Enns.

Randolf Enns's stepfather, Joel Chiri, who lives in Ladysmith , B.C., issued a written statement that said, as written: "Randolf was in a accident, and has suffered greatly as a result of it. He had no memory of any part of the accident."

He referred all other questions to his Winnipeg lawyer, who said any information he has on the case is privileged.