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Brandon Fern, 18, was shot and stabbed to death July 7th, 2005.

Terence Dashielle Miller, 23, and Damien Opio, 19, were charged with second-degree murder and possession of a weapon dangerous to the public.

Travis Stephen Rusnak, a 17-year-old young offender at the time of the murder, was charged with second-degree murder and use of a firearm during a crime.

The scene was an apartment lobby at 3210 119 Avenue. A dying teen was clutching his stomach, vomiting blood as he waited for help.

A man who found the youth said he was trying to tell him who did it and what kind of car it was. Police and paramedics arrived at the Abbottsfield complex shortly after 4 p.m. and whisked the teen to Royal Alexandra Hospital. He was pronounced dead hours later after undergoing surgery.

A store employee working at a mall within sight of the complex earlier saw a car pull over in the retail strip's parking lot.

The people inside the vehicle spoke to another group before they all made their way across the road to the apartment building. Another witness near the mall reported hearing the group talking about "getting a teen back."

Police said the victim was inside the lobby of the low-rise building when he was approached by the group and attacked.

He suffered a gunshot wound to the stomach and up to five stab wounds -- four to the back and one in the head. The AIR-1 police helicopter was dispatched, searching for a red Ford Taurus. The police service's gang unit was called to assist in the investigation.

Area residents spoke of a drug deal gone wrong and someone flashing their gang colours.

The victim, Brandon Fern, an 18-year-old father of two, was associated with – but not a member of – the Alberta Warriors street gang.

In dispute was a half-kilogram of marijuana, allegedly ripped off from the Bloods, a Warriors splinter group.

The altercation first started at a bus terminal near Abbottsfield Mall, continued in the mall's food court, and escalated to the apartment where the attack ocurred.

Fern and two friends fled to a nearby apartment building and were trapped in the foyer between an unlocked, glass outer door and an inner security door.

After Fern was stabbed and as one friend tried to pull him through the second security door, Fern was shot in the abdomen.

Fern stumbled out onto the street and collapsed.

Word on the street had it that a dispute has been brewing between the Alberta Warriors and the Bloods for at least a year. Another source said that Fern's death was a case of mistaken identity or was meant more as a warning, offering "these guys aren't trained marksmen."

Police issued arrest warrants for three men: Terence Dashielle Miller, 23 (above), and Damien Opio, 19, were wanted for second-degree murder and possession of a weapon.

A 17-year-old male, who could not be identified under provision of the Youth Criminal Justice Act, faced a warrant for second-degree murder and use of a firearm in the commission of an offence.

Miller had already faced second-degree murder and being an accessory after the fact charges in connection with the September 2004 death of 21-year-old Ikeche Bates.

The charges were later reduced to manslaughter and accessory to murder and were eventually stayed.

On July 10th Miller phoned police and them them he was going to turn himself in. He walked into headquarters downtown and was arrested without incident.

With Opio and the 17-year-old still on the loose, police made the unusual move of releasing the name and photograph of the youth wanted in connection Fern's homicide.

In court, police received a publication order to release the information to the public. Under the order, media were only allowed to use Travis Stephen Rusnak's name and photograph for a short period of time.

"The primary reason for requesting this is public safety," said a police spokesan, adding Opio and Rusnak were considered armed and dangerous and that people should avoid approaching them.

On July 14th, Opio and Rusnak – with lawyers in tow – turned themselves in to police.

The two men likely knew it was only a matter of time before their freedom was cut short.

The vice-president of the Urban Aboriginal Brotherhood Society, a group that works to help high-risk teens in the Abbottsfield area, said he knew Fern and the three men accused in his murder.

He said many people in the Abbottsfield comminty knew that Rusnak was being sought by police.

The name of Brandon Fern first made its way into newspapers in 1999 when the twelve-year-old was featured in an Edmonton Journal story about a native studies program offered at Prince Charles school at 12245 131 Street, just west of the City Centre airport.

The story was published when a proposal for a native high school was being floated, an environment away from racist taunts and jibes that seemed to make up school life in mainstream schools.

Brandon told the Journal he wanted to be a counsellor-psychologist when he grew up. Attending regular schools, he said he heard his share of name-calling.

Fern said a native high school would encourage more youths to complete their education.

"I've got relatives who went to different schools and they didn't get as much out of it," he said.

Five years later, in June of 2004, Brandon was part of the opening ceremonies for National Aboriginal Day at City Hall. His breakdance moves were captured in a front page Journal story covering a show by the Boyle Street Hip Hop Performers.

At the time of his death, Brandon was living at home with his four younger brothers and sister. He was working for a tree-pruning business ... and working to re-gain custody of his two young sons who were living with their mother in Ontario.

"How many lives are going to be wasted over this?" Leanne Twan, Brandon's mother asked.

She said her son was just hanging around at Abbottsfield Mall with his new girlfriend. "It's not like he was out with gang members."

Twan arranged for a funeral at Sacred Heart Parish, 10821 96th Street.

"He'll be cremated and I'll have him with me in the urn so that I can take my son with me to the courtroom."

Speaking to news cameras at Brandon's funeral, Twan was still seeking closure.

"I don't want vigilante justice. I do not want anybody else hurt the way my son was hurt ... but I need these people to pay for what they did to my son."

On September 8th, 2005 Crown prosecutors stayed second-degree murder and possession of a weapon dangerous to the public charges against Terence Dashielle Miller.

Crown officials would not discuss the reasons for staying the charges against Miller because Opio and a 17-year-old boy remained charged in connection with Fern's death. If more evidence came to light within the next year the charges against Miller could be re-activated, a spokesman said.

Crown prosecutor Michelle Doyle said she could not explain why the charges were stayed, or discuss the specifics of the case. In general terms, Doyle said the Crown proceeds to trial only when there is a reasonable likelihood of conviction.

Unfortunately, no one told Brandon Fern's family that Miller was out of the Edmonton Remand Centre and back in the community.

Days after the decision to stay the charges, Fern's sister was stunned to see Miller riding in a car in her neighbourhood.

"To see him on the street was just ridiculous, it was a total shock," she said. "I was devastated."

The family was still planning to attend Miller's court appearance on October 4th with prepared victim impact statements.

Fern's mother, Leanne Twan, called police and was told that Miller had indeed been released.

Crown prosecutor Doyle said she had no contact with Fern's family and expected Edmonton police to have been in touch with them.

In what might be case of what comes around goes around, Terence Dashielle Miller suffered multiple gunshot wounds on August 17th, 2008 – becoming Edmonton's eighteenth homicide victim of that year.

Miller was dropped off at the Royal Alexandra Hospital after up to six shots were fired in the parking lot of the Canadian Native Friendship Centre at 11205 101 Street.

On December 22nd, 2005 Damien Opio pleaded guilty to aggravated assault. A sentencing hearing was scheduled for January 31, 2006 but was put over to May 9th.

A youth at the time of the slaying, Travis Rusnak pleaded guilty to the reduced charge of manslaughter in an adult court.

On January 24th, 2006 Rusnak was handed a seven-year sentence to be served in adult prison. Rusnak was credited one year for time already served. The term was recommended by both Crown and defence lawyers.

Provincial court Judge Geoffrey Ho agreed to the term because Rusnak took responsibility by turning himself into police and pleading guilty to the crime.

"The family has indeed suffered a tragic loss," Ho said. "Unfortunately, anything we do cannot bring Mr. Fern back."

At Rusnak's trial, court heard that Opio stabbed Fern repeatedly in the back. As friends tried to pull Fern to safety, it was Rusnak who fired a shot, hitting Fern in the abdomen.

An autopsy showed Fern died from the gunshot and not the stab wounds which were superficial.

"I just wanted to say sorry," Rusnak told Fern's family in court, his ankles shackled as he stood in the prisoner's box.

"I never meant to hurt nobody ... I never meant to take somebody's life."

As she swore to do so some eighteen months before, Leanne Twan was carrying her son's ashes in a grey marble box when she heard the sentencing and Rusnak's remarks.

"I don't feel that six years is very long for someone's life," she later said outside court.

"I don't feel like justice has been served, and I can't lay him to rest. My son sits in a cabinet in my kitchen till the time I feel I can part with him."

On May 9th, 2006 provincial court assistant chief Judge Allan Lefever sentenced Damien Opio to five years on a charge of aggravated assault.

Opio was given 20 months' credit for the 10 months spent in pretrial custody, leaving him with 40 months left to serve.

"What Mr. Opio did was abhorrent and cowardly," said Judge Lefever. "But, on its own, it wouldn't have caused the death."

Fern's family appeared in court to read victim impact statements.

"You took a piece of my heart from my life forever," said Fern's 10-year-old sister.

Defence lawyer Mike Danyluik described Opio as a "wayward youth" who got sucked into hanging out with a bad crowd.

"Mr. Opio is deeply remorseful for what happened that day," Danyluik said.

Opio was out on bail at the time of the attack on Fern. He was facing a charge of aggravated assault for a bar fight that took place on January 9th, 2005. No details of that case were later published.

deadmonton 2005 - brandon fern