CALGARY, Alberta — A Canadian woman pleaded guilty this week to manslaughter in the 2014 death of her toddler son, who she said she beat to death out of frustration over his “whining.”
The Calgary Herald reported that Livia Starlight awaits sentencing in the slaying of 2-year-old Traezlin Denzel Starlight. Starlight's defense lawyer is seeking mercy, citing her status as a member of the Tsuut'ina Nation, one of the predominant aboriginal peoples of Canada.
Starlight, 30, was initially charged with second-degree murder. She was arrested in July 2015 after an investigation into her son’s death.
Crown prosecutor Photini Papadatou told the Court of Queen’s Bench on Monday that Traezlin was in and out of foster care throughout his short life because of Starlight’s drug and alcohol use, the Herald reported. Starlight was already under investigation for previous injuries to the boy on Sept. 18, 2014, when she said she grew frustrated by his behavior.
"When he started whining again, she picked him up off the floor and threw him onto the couch," Papadatou said, according to the Herald. "While the cushions of the couch are soft, the arms of the couch are quite hard."
When Starlight realized a few moments later that Traezlin was in distress, she texted her mother for help, the newspaper reported. “My baby’s not breathing. I’m scared,” read the text, which also asked Starlight’s mother to call for help.
Traezlin went into cardiac arrest in an ambulance on the way to Alberta Children's Hospital and died a week later, the Herald said.
At the time of the fatal beating, Starlight was under investigation for a head injury that Traezlin suffered in August 2014, when she had him out of his foster home for a visit. In that case, Starlight claimed that her son fell out of his car seat and onto his head.
There were at least two previous incidents of alleged abuse as well, beginning in June 2014. In those instances, Starlight blamed the bruises on her son’s foster parents and Calgary police investigators could not determine the cause of the injuries.
“It was noted Livia Starlight would not cooperate with investigators, and she refused to provide a statement,” read a statement of agreed-upon facts presented in court on Monday. “The children were left in Livia’s care while the investigation proceeded.”
Traezlin’s autopsy showed evidence of multiple head injuries, including at least two inflicted in the month between the start of the most recent investigation into Starlight’s treatment of him and the day he suffered his fatal injuries.
The Herald reported that the autopsy also found bruises on the toddler's abdomen and buttocks.
Alain Hepner, Starlight’s defense lawyer, is seeking a term of four to six years in prison for his client, who he claims has suffered a lifetime of racism and discrimination as an aboriginal person. Justice William Tilleman has ordered a psychiatric evaluation of Starlight, as well as a Gladue report on her background.
According to the Washington Post, a Gladue report is a presentencing report that takes into account the level of prejudice against aboriginal peoples in Canada's criminal justice system. Proponents of the reports say the documents contribute to a "restorative approach" to justice.
Critics liken the reports to get-out-of-jail-free cards that lead to inconsistent administration of justice, the Post reported.
"A court worker will delve into the dynamics of Starlight's life -- the growing-up years, the economic and social issues that surround the family and what contributed to this matter," Hepner told the Post. "I think a lot of information will come forward from the psychiatric report and the Gladue report that will paint her, in my view, as a very sympathetic person.
“Some cases are awful and the people involved are just plain evil. But this is not one of those cases.”
Cox Media Group
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