Crown says Sask. man who targeted non-verbal adults should be sentenced to 15 years
Defence wants judge to sentence Brent Gabona to 6.5 years for sexual assaults
WARNING: This story contains details of sexual abuse.
Former care home worker Brent Gabona told police he chose to sexually assault adults who were non-verbal because he knew they wouldn't be able to report the abuse.
Gabona worked at Shepherd's Villa, a group home for adults with intellectual disabilities, in Hepburn, Sask., from 1992 to 2009.
In 2022, he told police he sexually abused five residents at the home while he worked there and later pleaded guilty to criminal charges.
On Wednesday, Crown prosecutor Lana Morelli argued Gabona should spend 15 years in prison for his crimes during a sentencing hearing at provincial court in Rosthern, Sask.
"These crimes have had a significant impact on the victims, their families and the community. This impact isn't going to be over today, it's not going to be over when Mr. Gabona is sentenced," Morelli said.
"A lengthy term of incarceration is appropriate."
Morelli laid out the details from an agreed statement of facts. She said Gabona's inappropriate behaviour began before he was employed at the home. She said he was hired just months after pleading guilty to a sexual offence against a minor in 1992.
While the conviction did not appear on his criminal record, the prosecutor said his mother would have been "well aware" of it.
At Shepherd's Villa, Gabona was hired to look after adults with severe intellectual disabilities who lived at the home. Gabona's victims depended on him to help them bathe, eat, dress and get around. His abuse against them escalated over an extended period of time.
Darryl Boguski, 63, is the only victim who can be identified as the rest of the victims' identities are protected by a publication ban. He attended the sentencing hearing alongside his brother and guardian, Rick Boguski.
The brothers stood together in court as Rick shared a victim impact statement. Rick held his brother tight, let out a deep sigh and then tried to explain the immense pain Gabona has caused Darryl and their family.
"Imagine yourself the victim of rape, day after day, week after week, month after month, year after year, only you can't see your attacker. You can smell him, you can feel him, you can hate him and try to fight him off — but you can't tell anyone," said Rick Boguski, who is Darryl's legal guardian, brother and advocate.
Darryl is non-verbal but he understands what's happening, Rick explained, adding that Darryl was born blind, autistic and with cerebral palsy. Rick told the judge how his brother's condition deteriorated under Gabona's watch.
He became moody, started lashing out and displayed a seemingly endless litany of physical ailments. Darryl's parents were told Darryl was the problem. Now Rick said he understands his brother was trapped in a living nightmare of ongoing abuse — and he couldn't use words to explain that.
An escalation of abuse
Gabona told police he had started to become aroused while helping male residents bathe or shower, but didn't act on his impulses "right away," because he wasn't alone with the clients during his early years of employment.
Eventually, he had more one-on-one time with residents and said he gave into "temptation."
Gabona confessed to grooming three male victims over an extended period of time, escalating the nature of the sexual assaults. He admitted that Darryl "pushed the offender away or shouted, however the offender did not stop."
Furthermore, Gabona told police that one of his victims displayed an eagerness to please Gabona. The agreeable behaviour was a "turn-off" for Gabona, so he stopped abusing this victim. Gabona also pleaded guilty to abusing two female victims in incidents described as "more sporadic."
He was "set on only offending those who could not verbalize these actions," Morelli told the judge, adding Gabona told the police he was probably downplaying his behaviour "given his guilt and the amount of time passed."
Gabona claims he only stopped offending once he discovered porn on the internet.
Gabona says he regrets 'reprehensible acts'
"I came to confess to these crimes under my own volition following the conviction of the God I serve and try to follow with all my heart," said Gabona, speaking at his sentencing hearing.
He said he expressed deep, sincere remorse and regret for the "reprehensible acts" he committed against the five victims.
Gabona's lawyer, Jordan Durant, argued Gabona should be sentenced to six-and-a-half years in custody. He described Gabona as a "devout Christian," who has the support of his community and family, including his wife of 32 years and his two children, both of whom have intellectual disabilities.
He also said Gabona has been determined a low risk to re-offend.
Gabona would not be facing criminal consequences had he not come forward to police in 2022.
But Darryl's brother Rick doesn't consider that a mitigating factor. He said it took Gabona 13 years to come forward. That's 13 years Gabona's victims and their families could have sought supports for the trauma.
Boguski called Gabona a "murderer of souls," who hasn't been honest about the extent of his crimes.
"He had plenty of time to seek redemption. In our minds, he is now using religion in the hope of personal gain, just as a sociopath would," Rick said in his victim impact statement.
"There's no redemption in half-truths, Brent Gabona."
A traumatic ripple effect
Naomi and Al Hawkins also shared victim impact statements in court, as they had a son who was under Gabona's care at Shepherd's Villa in the 2000s. They believe their son Derek was another one of Gabona's victims and have been pushing the police to investigate further. Gabona never admitted to abusing Derek.
However, the Hawkins say Gabona spent 40 hours a week with their son helping him with everything from the bathroom to transportation.
They spoke about their pain of watching their son transform from a smiling young man into a volatile, violent person while he was under Gabona's care.
All of Gabona's victims were discharged from Shepherd's Villa because of behavioural issues. The Hawkins say their son Derek was discharged from the home in 2005 for the same reason, and he was never the same afterward. In 2011, Derek died at age 27 from kidney failure.
His parents also saw firsthand how others in the home were behaving while Gabona's abuse was happening.
For example, Al said Darryl Boguski's room was adjacent to Derek's. Al said that he could hear Darryl banging on the walls and wailing in distress, and he said Derek also spoke of the noise.
"At the time I didn't understand that Darryl was pleading for someone to help, the only way he knew," Al said. He added that all residents at the home appeared affected, as their living environment became a space of dysfunction, conflict and frustration.
People across Canada have felt the effects of Gabona's actions, according to Megan Wells, assistant executive director of Inclusion Saskatchewan. She, too shared a victim impact statement, and said the pain and suffering caused by Gabona has caused irreparable, permanent, severe harm.
"The people in our community are shaken to the core," she said. "The people they trust the most, can no longer be trusted."
Justice Bruce Bauer adjourned his sentencing decision until January 2024.
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