Phoenix Sinclair's stepbrother details litany of abuse
Last Updated: Wednesday, November 12, 2008 | 8:38 PM CT
CBC News
Related
Internal Links
Video
- Chinta Puxley of the Canadian Press reports: Phoenix Sinclair's stepbrother details litany of abuse (Runs: 3:44)
- Play: QuickTime »
- Play: Real Media »
A five-year-old slaying victim was often struck with a pellet gun and choked unconscious by one of her accused killers, the girl's stepbrother told a Manitoba court Wednesday.
The body of Phoenix Sinclair, seen here in an undated photo, was discovered in 2006 on the Fisher River reserve. (Family photo) Karl McKay would play the macabre games with Phoenix Sinclair regularly before she died, the 18-year-old said. He told the court how his father would shoot the little girl with his younger son's pellet gun and tell her to "run."
"He would shoot her for the fun of it," he said, adding that the girl would be targeted as she took out the garbage.
"She would cry."
McKay's son also demonstrated for jurors how his father and Samantha Kematch, Phoenix's biological mother, played “chicken.”
Standing up, the boy showed how McKay would grab the girl by the throat and choke her. Phoenix would black out and McKay would throw her on the tiled floor where she would twitch, he told the court.
"She made a weird scream," he said. "Like someone cut off her arm. She was screaming to death."
Kematch and McKay, her common-law husband, are accused of leaving Phoenix to die on a cold basement floor in 2005 after months of abuse. Her body was found wrapped in plastic in a shallow grave near the Fisher River garbage dump in March 2006.
Both have pleaded not guilty to separate charges of first-degree murder.
The couple is also accused of trying to pass off another child as Phoenix to convince welfare investigators and the RCMP that their daughter was still with the family — partly in order to apply for benefits in the little girl's name.
McKay's eldest son said he visited his father and Kematch at their home in Fisher River, Man., several times before Phoenix died. The girl, who used to be "chubby all over," was "skinny" by April 2005, he said.
He told the court he noticed cuts and bruises on Phoenix’s face and head.
When he visited, McKay's son said he never saw Phoenix eat or use the bathroom. When he tried to give her food, he said he was threatened by Kematch.
"I waited until those guys left and gave her food," he said before breaking down in tears. "They didn't help her."
Kematch's attorney on Wednesday characterized McKay as the perpetrator of most of the abuse. McKay's lawyer, meanwhile, argued that Phoenix's injuries were not intentional, but the result of horseplay.
Defence lawyer Mike Cook suggested McKay was simply emulating "fun choke holds" he saw performed in televised professional wrestling matches, and was surprised when Phoenix became hurt.
"Basically dad was doing the same stuff people do on TV," Cook said in his cross-examination. He also suggested the pellet gun shots were accidental.
"No," McKay's son said shaking his head.
He also disagreed with Kematch's lawyer, Roberta Campbell, when she said the woman was angry when McKay's son tried to feed Phoenix junk food.
In a videotaped interview with the RCMP that was also played in court, Kematch said her daughter was sometimes forced to eat her own vomit with her hands.
She said she wanted to help Phoenix but McKay wouldn't allow it.
"She'd start crying and he'd get all mad," Kematch said in the interview. "Sometimes he would just beat her for nothing."
In discussing Phoenix's death, Kematch said she McKay had hit the girl, causing her head to strike the basement floor where she was left, naked, overnight. When someone went to check on her the next day, the girl wasn't breathing.
McKay then scrubbed the basement floor and painted it, she said. She threatened to go to the police months later but was scared, Kematch added. "I feel stupid," she said. "I knew it wasn't right. She didn't deserve anything like that. I think about this every day. I think about her lots … How I wish she was here and everything."
"I know I can't hide from this," she said. "I knew this day would come."
The trial is expected to last until mid-December.
With files from the Canadian PressShare Tools
Latest Manitoba News Headlines
- Kids of MANFF officials paid for mileage, overtime
- The agency in charge of disbursing federal money to 2011 flood evacuees paid thousands of dollars in overtime and mileage expenses –in some cases, to a senior official or the children of senior officials, CBC News has learned. more »
- 2 killed in semi crash on Trans-Canada
- RCMP are investigating after a semi and a vehicle collided on the Trans-Canada Highway just west of Portage la Prairie Wednesday afternoon. more »
- Gretna border closed as North Dakota grapples with flood
- Canada and United States border officials have closed the Gretna border crossing in Manitoba after overland flooding made portions of Highway 30 impassable. more »
- City golf course plan OK'd by executive committee
- The controversial plan to lease out four municipal golf courses to a private manager and sell another was narrowly passed by the City of Winnipeg's executive policy committee. more »
Must Watch
Top News Headlines
- Harper 'not consulted' about Duffy Senate expense repayment

- Prime Minister Stephen Harper says that not only did he not know about his chief of staff's "gift" to repay Senator Mike Duffy's expenses before the story broke in the media, he was not consulted and did not sign off on Nigel Wright's decision to write a personal cheque. more »
- Mayor Ford stays silent while his brother defends him
- Toronto Mayor Rob Ford continues to stonewall the media over allegations that he was recorded on video smoking what appears to be crack cocaine, but his brother Coun. Doug Ford told reporters Wednesday that the story is untrue. more »
- 'You will see him again in heaven,' Sharlene Bosma tells daughter
- Sharlene Bosma told more than 1,000 people at the public memorial service for her slain husband, Tim Bosma, about the love they shared. more »
- Rob Ford fired as Don Bosco Eagles head coach
- The Toronto Catholic District School board announced Wednesday that it was turfing Mayor Rob Ford from his position as head coach of the Don Bosco Eagles senior football team. more »
- Emterra crew dumps trash, recycling in same truck
- Winnipeg's tallest highrise to go up at Graham, Garry
- 'Unbelievable' rain soaks southern Manitoba
- Castoff couches, mattresses choking Winnipeg alleys
- City golf course plan OK'd by executive committee
- Man dies after car plunges into Winnipeg pond
- Winnipeg's downtown too sparse for grocers, report says
- Manitobans weigh into the senate scandal
- Legendary grocer Joe Cantor dies

