Man convicted of Behchokǫ̀ murder must wait at least 10 years before parole

Zakk Lafferty, convicted in July of murdering Deijean Drybones in Behchokǫ̀ three years ago, must serve at least 10 years in prison before being eligible for parole.

A second-degree murder conviction like the one Lafferty received comes with an automatic life sentence. Ten is the minimum number of years an offender must serve in prison before they can be eligible for parole.

Justice David Gates, delivering the sentence at the Behchokǫ̀ cultural centre on Friday, noted Lafferty had served 233 days in custody while awaiting trial and sentencing.

Earlier, describing to the court how the death of Deijean affected her, Maxine Drybones said her son was a “kind-hearted, most wonderful friend to all.”

Maxine said she had forgiven Lafferty and hopes he finds “healing and peace.”

Deijean was found with a stab wound in Behchokǫ̀ in the early morning of August 4, 2023. He was taken to Behchokǫ̀’s health centre and later Stanton Territorial Hospital, where he died.

The Crown said Lafferty “lashed out in anger” against Deijean after Deijean and his friends stole Lafferty’s bottle of liquor and phone earlier in the evening and beat him up.

Lafferty has maintained he did not murder Deijean, said Gates, and the judge added he understands Lafferty plans to appeal the conviction.

Lafferty had no criminal record before this conviction, Gates said. A Crown lawyer described the murder as “entirely out of character.”

‘What happens to him when he comes back?’

Gates said Lafferty has a high chance of rehabilitation, but expressed concern about what he will do when he is eventually released on parole.

During Lafferty’s two and a half years under house arrest before the trial, a pre-sentencing report states he “didn’t do anything” aside from help his grandparents and cousin, play video games and smoke weed.

The judge said Lafferty had an opportunity to get a job or pursue education and training while under house arrest, but did not. “In some respects, Mr Lafferty’s a child still,” said Gates.

The defence argued Lafferty was already bullied and isolated by the community before the murder because of his speech impediment and his parents’ neglect, and it would have been hard for him to get a job. The defence also argued it is culturally important that Lafferty took care of his grandparents.

“I’m quite worried what happens to him when he comes back … and his bubble that he’s lived in won’t be here any more,” Gates added.

The pre-sentencing report asserts that Lafferty plans to return to Behchokǫ̀ and continue to care for his grandparents after he is released.

Lafferty was offered counselling with a community Elder while awaiting trial but did not attend the appointment, Gates said, though he noted Lafferty has seen a counsellor regularly since entering custody.

Since being placed in custody at the end of July, Lafferty has almost completed his Grade 12 equivalent education, Gates said. Lafferty wants to quit smoking weed and stop drinking alcohol but doesn’t know how to do the latter, the defence said.

Given the opportunity to say anything to the judge before he was sentenced, Lafferty declined.

Lafferty will have a firearm prohibition order for the rest of his life and must provide his DNA to police or authorities, Gates added to the sentence.

Gates said he hopes Lafferty sees the sentencing as a “fresh start” and asked him to take advantage of all the courses and training opportunities he can.