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- [00:00]
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- [00:32]
Hannah Berner
Hannah Berner Are those the cozy Tommy John pajamas you're buying?
- [00:36]
Paige de Sorbo
Paige de Sorbo they are Tommy John and yes, I'm stocking up because they make the best holiday gifts.
- [00:43]
Hannah Berner
So generous.
- [00:44]
Paige de Sorbo
Well, I'm a generous girly, especially when it comes to me. So I'm grabbing the softest sleepwear, comfiest underwear and best fitting loungewear.
- [00:52]
Hannah Berner
So nothing for your bestie?
- [00:54]
Paige de Sorbo
Of course I'm getting my dad Tommy John. Oh and you of course it's giving.
- [00:58]
Hannah Berner
Holiday gifting made easy.
- [01:00]
Paige de Sorbo
Exactly. Cozy, comfy, everyone's happy Gift everyone on your list, including yourself with Tommy John and get 40% off site wide right now at tommyjohn.comfort.
- [01:14]
Canadian True Crime Narrator
Canadian True Crime is a completely independent production funded mainly through advertising. You can listen to Canadian True Crime ad free and early on Amazon music included with Prime, Apple podcasts, Patreon and Supercast. The podcast often has disturbing content and coarse language. It's not for everyone. Please take care when listening. Hi everyone. I hope you're well. Last year a listener from Alberta reached out with a case suggestion that immediately caught my attention. It's deeply personal to her. She tells me that when she was an adolescent, her family was shaken by a profound and sudden loss the murder of a close family member. It was a high profile case, but she was too young to understand exactly what happened to her loved one or the circumstances around it. And as the decades have passed, she's had a very difficult time trying to make sense of it all. Of course I was intrigued and immediately started looking into the case. I soon saw exactly what she was talking about. She tells me that what she's really looking for is to hear an independent, unbiased account of her loved one's case so she can make her own determination about what happened. Her email read I trust that the research you are able to do will help answer some of the burning questions that have been on my mind for many years, so that I may be able to finally find peace. You'll hear exactly who she is later on in today's episode, along with some additional facts from behind the scenes that she would like you to know. Facts that haven't been made public until now, and frankly, my jaw dropped to the floor when I read some of them. So with that, it's on with the show. July 17, 1997. A Thursday morning in Calgary, Alberta. It's the summer holidays and a couple of bored teenage boys are hanging out in a deserted office building in the city's east. The following sequence of events would be reported by the Calgary Herald. At around 10am a 15 year old girl named Tanis is around the back of the building by herself when the back door suddenly bursts open. A teenage boy staggers outside. He's completely engulfed in flames. Tanis has no idea what's happening or who it is, but then the boy calls her name and reaches towards her for help. She realises it's Dylan Lestage, a friend she knows from junior high. She can smell gasoline. Tannis runs to a restaurant nearby and starts yelling to them. He's on fire. Call 911. But no one believes her. Meanwhile, passersby have started dousing the teenager with water to put out the flames. Someone has managed to call 911 and he's soon rushed by ambulance to the hospital. That evening, as Dylan Lestage is surrounded by loved ones, he passes away. The press would report that he had suffered Burns to 100% of his body. He was just 15 years old. No one knew exactly what happened to Dylan or why, but the police were already on the case. So was the local media. The following day, the headline on the front page of the Calgary Herald read Boy set on fire Dies, Teenager Charged. According to a police spokesperson, Dylan Lestage was in the deserted office building with about four other teenagers when an argument broke out. All that was known at the time was this quote. One teenager apparently lit Dylan's shoe on fire, then doused him with turpentine which ignited as Dylan's entire body turned into a ball of fire. The other teenagers left him and fled the scene on foot. Police had picked them up in a nearby alley shortly afterwards and brought them to the station for questioning and so far they had reportedly charged one of them with second degree murder, which means a deliberate killing that occurs without planning. The incident that caused Dylan Lestage's death was named Calgary's fourth homicide of 1997. The details that had been reported about how it happened shocked and saddened local residents. It seemed almost too horrific to be true. Why would anyone do something like this? Eyes quickly turned to the teenager who had been charged with second degree murder. Like Dylan, he was also 15 years old and couldn't be named under the Young Offenders Act. At the time. We'll refer to him as Jason. According to a police spokesperson, Jason was an acquaintance of Dylan Lestage and it appeared that the police were frustrated by him after his arrest. Police had to wait for more than an hour before they could speak to the teen before because he refused to speak until his mother was present. Reporters had descended on the scene soon after to get as much information as they could from bystanders. They came across the teenager named Tanis who had identified herself as a friend of Dylan's from junior high before his recent transfer to another high school. She said that he used to write her notes in class. Tanis told reporters about how she first saw Dylan emerge from the back of the building engulfed in flames. And in those panicked few seconds, she said he told her exactly what happened to him and why Kids from his new school set him on fire because he wouldn't share his drugs or alcohol with them back at school. This particular detail set off a new wave of headlines. Friends blame fight over drugs for death. This news strongly suggested that Dylan's refusal to share drugs with his acquaintance may have inadvertently provoked the horrific attack that led to his death. It was almost too much for Calgarians to comprehend. The youths were clearly out of control and something had to be done. This dominated the news cycle for a few days. But there were quite a few people who disputed this information. One was the police. They said they had no evidence that drugs and alcohol were a factor in the altercation that led to Dylan's death. And while they had not yet identified a motive for the attack, they they were continuing to investigate. Another person who disputed those claims was a 15 year old girl named Cindy who said she'd known Dylan since grade four and attended junior high with him as well. And she told the press that he was, quote, one of those guys who always tried to get people off drugs. He didn't do them. Cindy added that in the previous year, Dillon Dylan had come to a crossroads at school. He'd been identified as being in danger of dropping out and mentioned to her that he was thinking of doing just that and finding a job. But then he was accepted into a special program at another school, a kind of last ditch effort to keep at risk teenagers in school by invigorating their interest in education again. Cindy told the press that it had only been a few months since Dylan transferred to the new school, but he'd already changed his mind about finding a job and had decided to recommit to his education. Cindy also said that Dylan had made friends with some new people she didn't know. He thought they were cool and that's maybe how he ended up there in that building. She said Dylan didn't get along with everyone, but he knew it was far better to walk away from a conflict than to get involved. Quote, he didn't fight. To Cindy, the stories being told about Dylan just didn't seem right. Dylan's own family also disputed that what happened to him had anything to do with drugs or a dispute. His uncle, Dennis Bennett, stepped up as family spokesperson and confirmed that any suggestion that Dylan used drugs is unfounded. And the claim that what happened to Dylan was the result of his refusal to share drugs was simply not true. Describing his nephew as a happy go lucky kid who loved the outdoors, Dennis Bennett said that like most teenagers, Dylan wasn't a saint, but he was generally a good kid. The family was shocked by the savagery of the attack. Dylan's mother Carol had been unable to sleep since her son's death and his 13 year old sister Nicole and stepfather Tracey were equally distraught. They're going through hell. And as For Jason, the 15 year old charged with Dylan's second degree murder, the family had talked about it and believed youth court wasn't where he belonged. Dennis Bennett said the attack was extremely barbaric. Jason needed to be elevated to adult court. He has to deal with the consequences of what he's done. Age should not determine the sentence he gets. The act should decide his sentence. At the time, Jason faced up to seven years in a youth facility if convicted under the Young Offenders Act. But if he was moved up to the adult system and convicted there, he could be sentenced to life in prison at an adult correctional facility with no chance of parole for five to seven years. The facts of the case weren't known or confirmed yet, but the way the incident was portrayed through the headlines was enough for many Calgarians to decide. That's exactly what should happen to Jason. Apparently, public sentiment was so strong that it prompted the Calgary Herald to print a special editorial note that read, we share the community's revulsion over this incident, but we caution against jumping to conclusions about the circumstances leading to Dylan Lestage's. Untimely death. But the headlines and news stories that suggested otherwise did not stop a man named Vic Rampassad. The owner of a Calgary pool hall named Tom's Family Billiards came forward to tell the press that Dylan Lestage had been hanging around at his establishment the night before he died. The details he provided resulted in a lengthy front page article on the Calgary Herald Saturday edition tit titled Teens last night spent with Paul hall pals. It suggested it had a connection to Dylan's death the following morning. But the article itself included almost nothing about Dylan that night or even who he was with, just that he was seen joking around. In fact, the only positive thing the pool hall owner said was that he never saw anything that would indicate Dylan was using drugs. End quote. He often would meet other kids his age whom he appeared to get along with reasonably well. The bulk of what the owner did have to say were some not very nice observations about Dylan in general. For no apparent reason, Dylan Lestage regularly hung out at his pool hall and was always dressed in a black jacket and a running suit. He added, I kicked this kid out hundreds of times. He could be a very annoying person, sitting on tables, doing jump shots, bugging people. But I always let him come back because it seemed he needed to be here. He respected me because I didn't let him get away with things. Other places couldn't control him. I would say, you know the rules and he would quit it right away. Vic Rampasad's son recounted a random incident about a year earlier when Dylan apparently burst into their establishment saying some kids were after him because he had taken a bike. The owner's son added that Dylan was, quote, always yelling and screaming at people and making them mad at him or he'd get thrown out of McDonald's across the street. He'd always come in here and we could sit, settle him down a bit. Owner Vic Rampassad also told reporters that Dylan often paced nervously, was never still, and repeatedly checked the return slots on coin operated video games for forgotten change. And if that wasn't bizarre enough, these comments led the entire front page article. It began, quote, the Calgary teen burned to death after getting doused by turpentine and lit a flame. Love to play billiards, smoke cigarettes and check video slot machines for loose change left behind by gamblers. And three days later, the Calgary Herald would issue a very strange correction notice. It simply stated that Tom's family billiards does have coin operated pool tables but does not have coin operated video slot machines. It's unknown what the Rampassades were trying to accomplish with their disparaging comments about Dylan just 24 hours after the 15 year old died in hospital from his horrific injuries, or what the Calgary Herald was trying to accomplish by publishing these comments. The timing couldn't have been worse for Dylan's own family. Everyone soon learned that the date he passed away was just five days before his 16th birthday. But what the public didn't know was that his own mother's birthday also fell during those five days. Dylan died on Thursday evening. His mother Carol's birthday was on the following Monday. It was the worst birthday she ever could have imagined. The day after that was Tuesday, July 22, Dylan's own birthday. It was a week that should have been marked by two celebrations. But the cruel twists of fate for Dylan's distraught family did not stop there. On Dylan's birthday, a court appearance had also been scheduled for Jason, the youth charged with his second degree murder, and the funeral would be held the day after that. Dylan's immediate family were too distraught to attend the court hearing, but family spokesperson Dennis Bennett was there to represent them. Described as fighting back tears, he said any death is shocking, but something like what happened to Dylan was difficult to comprehend. He said Dylan's mother, Carol, alternated between disbelief and rage when thinking of the horribly painful way her son must have died. The press described Jason, the 15 year old charged with second degree murder, as emotionless, seldom making eye contact with Dylan's uncle. Jason's mother was also reportedly in court, but declined to speak to the media. Dylan's uncle, Dennis Bennett, said he felt sorry for her after adding, I think we all do. But he stated that the family disagrees with a teenager's identity being put under a publication ban. They believed Calgarians had a right to know what happened to Dylan and who did it. The Crown applied for Jason to be bumped up to the adult court system, but in the meantime there was still the question of Bailey and whether Jason should be released. While he waited for that hearing and later a possible trial, the judge ordered Jason to undergo a psychiatric assessment to help him form his decision. The investigation was still in its early stages. It had been only a few days since Dylan's death, but the media frenzy and dramatic headlines about what might have caused caused it weren't over yet and it would take even longer for the actual truth to be known.
- [19:51]
Hannah Berner
Hannah Berner Are those the cozy Tommy John pajamas you're buying?
- [19:56]
Paige de Sorbo
Paige desorbo they are Tommy John and yes, I'm stocking up because they make the best holiday gifts.
- [20:03]
Hannah Berner
So generous.
- [20:04]
Paige de Sorbo
Well, I'm a generous girly, especially when it comes to me. So I'm grabbing the softest sleepwear, comfiest underwear and best fitting loungewear.
- [20:12]
Hannah Berner
So nothing for your bestie?
- [20:14]
Paige de Sorbo
Of course I'm getting my dad Tommy John. Oh, and you?
- [20:17]
Hannah Berner
Of course it's giving holiday gifting made. Easy.
- [20:20]
Paige de Sorbo
Exactly. Cozy, comfy, everyone's happy. Easy. Gift everyone on your list, including yourself with Tommy john and get 40% off site wide right now@tommyjohn.com comfort oh, the.
- [20:33]
Canadian True Crime Narrator
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- [20:35]
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- [20:45]
Carvana Advertiser
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- [20:53]
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- [21:12]
Canadian True Crime Narrator
A funeral for Dylan Leage was held the day after his birthday and about 400 mourners gathered to remember him, according to the Canadian press. Family, friends, teachers and classmates remember Dylan as an outgoing young man full of life, a person who loved the outdoors and had many varied interests. He enjoyed fishing and prompt shoe basketball games, playing pool and Friday afternoon movies. Teachers from Dylan's junior high school described him as polite, trusting and easygoing, someone always ready to greet others with a smile and a handshake. A collection of Dylan's most treasured possessions were on display at the chapel. A tackle box, a Volkswagen model car, a red Dragster, his watch and a ring and a green M and M figurine that he loved. On another table was a pool cue, a black baseball glove and a Montreal Canadiens hockey shirt. Dylan's younger sister, 13 year old Nicole, stood in front of the congregation and offered thanks on behalf of her family for the support of the community. Nicole told the mourners that she bought her older brother a birthday card in anticipation of the 16th birthday he never lived to see ending with I'll always treasure my many happy memories of you. The pastor conducting the ceremony told a story of a balloon that floated around bringing joy and happiness to people's lives. That balloon represented Dylan Lestage. Pastor Dawn Nelson urged everyone gathered to, quote, keep Dylan's spirit alive in your own lives through your compassion and caring. He was very giving and forgiving with his friends. Be there for one another. After the funeral, Dylan's grieving family said their final goodbye by releasing bunches of coloured balloons into the sky. In the meantime, a group of Dylan's friends, loved ones and members of the public outraged by his shocking death, had gathered near the deserted office building to remember him and demand justice. They held up placards for motorists to see. The gathering was reportedly organised by a Pastor Hodge of Vision Baptist Church, who was described as holding a Bible in one hand and and a placard in the other that read the murderer deserves hanging. The media headlines alone had been enough for the pastor to make up his mind about what happened and what needed to happen. He said, quote, I'm just taking the command of the Bible. An eye for an eye, tooth for a tooth. You take a man's life, you deserve to die. Several of the teenagers there echoed this sentiment. They vowed to continue protesting until their demand for justice was heard. They described Dylan's death as a savage act and they wanted to prevent it or anything like it from happening again. One friend added, quote, dylan suffered a very painful death and the guy who killed him should have to suffer the same same pain. At a bail hearing held a few days later at Youth Court, both the Crown Prosecutor and Dylan Lestage's own family made their position clear. They did not want Jason, the teenager accused of causing his death, released. Dylan's uncle, Dennis Bennett, said his immediate family members were still shaken and weren't ready to speak to the media yet. But he expressed concern from the perspective of the family and the wider community. He said Calgarians had a right to be fearful if Jason were released, especially if he returned to a school setting. The Crown Prosecutor argued that Jason was not a suitable candidate for release on bail. The media reported that the court ordered psychiatric assessment of Jason had been completed, but the publication ban prevented them from reporting on its conclusion. They also weren't able to report the reasons why the Crown Prosecutor was so adamant that Jason should remain behind bars. But it certainly appeared to be linked to that psychiatric report. Jason's defence acknowledged they needed more time to finalise a workable plan for his release. The next day, the judge ruled against bail, stating that Jason should remain in custody at the Calgary Young Offenders Centre. He noted that the decision could be reviewed if circumstances changed outside court. Dylan Lestage's loved ones expressed relief at the decision. But Jason's own defence lawyer emphasised that the teenager hadn't been found guilty, adding, quote, he's innocent unless proven guilty. Not until Jason was reportedly having a difficult time at the Calgary Young Offenders Centre where he was being Detained. His lawyer argued that the 15 year old deserved a chance to be at liberty and be presumed innocent. For now, Jason would remain in custody. But the battle over his future was far from over. The Crown's next step was to apply to have Jason bumped up from youth court to adult court. If convicted for murder, he would face life in prison in an adult facility with no parole for 10 years. Eight days of evidence was presented at what's called a transfer hearing, though it was all subject to publication ban. When the hearing was adjourned, the Calgary Herald reported, quote, a 15 year old boy accused of torching an acquaintance to death will have to wait for at least another two weeks to see if his second degree murder case will be heard in adult court. From this and the other vague details about Jason that had been publicly released, many assumed he would for sure be moved to adult court. There was surprise when the judge ruled the case would remain in youth court. The family of Dylan Lestage expressed deep disappointment in the decision. The Crown was considering whether to appeal it. But Jason's defence was encouraged by this development and tried again for Bailey. The Crown prosecutor stood firm. They were not prepared to reopen the bail conversation for Jason. A second bail hearing was scheduled and then delayed. During this time, Jason's defence lawyer suggested the Crown's case was not strong enough to support a murder charge, but acknowledged it was common practice to overcharge an accused person because it left room for a possible plea negotiation. A number of other lesser charges were cited that may have been more appropriate, like manslaughter, criminal negligence or some degree of assault. A third bail hearing was scheduled and then again postponed. By this point, 15 year old Jason had already spent five months in prison. As the adults around him argued how best to prosecute him. The Crown decided to appeal the judge's decision to keep the case in youth court. The prosecutor argued that the randomness of the attack on Dylan Lestage, coupled with Jason's callous indifference to his fate, pointed to a need to protect the public and that would necessitate a longer prison sentence for Jason, hence why he should be tried as an adult. But the Alberta Court of Appeal did not agree, noting that in cases involving youths and serious criminal charges, public protection was just one factor they considered. In this case, the court considered Jason's rehabilitation prospects to be of far greater concern than his risk to the public. The Crown's appeal failed. Jason. By this point, 16 years old, would stay in youth court. End of story. There was more public outrage. One Calgary politician from the now defunct Reform Party of Canada slammed the justice system. Quote, what kind of message are we sending here? Lets look at the reason for this case. Somebody was burned alive. According to one press article titled Youth crime and insufficient punishment, the rate of violent youth crime in Canada had more than doubled in the previous 10 years, end quote. No case proves the growing brutality of youth more than the mid July murder of Dylan Lestage. The case was set to proceed through Youth Court. But then there was a significant development. Jason had reached a plea deal with the Crown. The press reported that his new lawyer, Andre Ouellette, had argued that the original charge of second degree murder went too far and successfully negotiated it down. Jason would be pleading guilty to the lesser charge of criminal negligence causing death. Death. His new lawyer stated, quote, it was not an intentional act, but it was an act involving recklessness. The family of Dylan Lestage again expressed their disappointment at the news but were pragmatic about it. Dylan's uncle and family spokesperson Dennis Bennett said, quote, we would have been much happier if there could have been a second degree murder conviction on this. But this is just the justice process that we have. It's still important that the young fellow admitted to his culpability. A hearing was scheduled for a few weeks later that would finally shed some real light on what actually happened in the deserted office building that fateful morning. When a person pleads guilty, an agreed statement of facts is presented where both the Crown and the defence list all the facts that are not disputed, the common ground. The accused does not have to give a motive or explain their actions. They only have to accept guilt according to their plea deal. In the case of Dylan Lestage, the facts agreed to by both the defence and the Crown told a very different story to what the media had been reporting up until this point. The story that caused so much public outrage and protest. The incident of course happened during the summer of 1997, a time when teenagers are typically looking for things to do while school is out. But the court heard that's not why Jason was hanging around the deserted office building. He had actually been living there for a few days and along with another teenager, according to the agreed statement of facts, Dylan and a couple of other youths came to the deserted office building that morning to meet up with Jason and his friend who'd been living there. They were all in the basement parcade when they came across a large can of turpentine, a liquid commonly used as a paint thinner. Turpentine is of course horse highly flammable. The way the tragic incident started was referred to As a lark, something done on a whim with no real purpose. Fuelled by impulse, a hunger for excitement and that invincible feeling of youth, the boys decided to use the turpentine to set something on fire and see what happened. According to the agreed statement of Father Facts, Dylan volunteered to have some of the flammable liquid splashed on his shoe and set alight. It was a foolish way to pass time that no one thought would amount to anything. One of the teenagers grabbed a lighter and put it to Dylan's shoe. It immediately ignited. Dylan started trying to smother the fire with his ball cap. It was now a creepy critical moment. If any of those teenagers had recognised the immediate danger of the situation and taken swift, appropriate action, Dylan's life might well have been saved. But they didn't. And that's where Jason comes in. And it all happened in seconds. Caught up in the moment of collective teenage energy, Jason took the can of turpentine and tipped the rest of it onto Dylan, drenching him with almost a litre more of the flammable liquid. It immediately turned Dylan's entire body into a ball of fire. What began as an impulsive lark quickly turned into a life threatening catastrophe. Jason admitted that he ran from the scene as Dylan's body was engulfed in flames. The police apprehended them all shortly afterwards. Dylan was of course rushed to hospital where he passed away later that evening aged 15. It wasn't a long agreed statement of facts, but it affected everyone present as they heard. What happened to Dylan wasn't the result of a malicious act. It wasn't intentional murder, it was just a senseless tragedy. Dylan Lestage's mother, Carol, was observed weeping quietly throughout outside court. Her husband, Tracey Bennett, Dylan's stepfather, agreed to give a brief statement to the press. He said, quote, we've gone through quite a traumatic ordeal with this. We're trying to get our family back together and it's a long road. As for Jason, the press wanted to know if he was sorry and his lawyer, Andre Ouelet, responded, quote, he certainly regrets the way he was back then, but I mean, when we were all 15 and 16, we all jumped from bridges and to lakes and rivers and we didn't think. Describing his client's actions as essentially reckless. The defence lawyer said it was appropriate for the Crown to allow Jason to plead guilty to criminal negligence causing death, especially given the fact that the Crown failed in its multiple attempts to have the case transferred to adult court. But Jason's defence lawyer also pointed out the elephant in the room. Although all the news reports suggested it was just one one teenager who was responsible for setting fire to Dylan, there were actually two and only one of them had been charged. Jason. The other unnamed 15 year old who ignited the fire to Dylan Shue in the first place hadn't been charged with anything. And it was time the public knew exactly why the Crown originally wanted that teenager to be a witness witness against Jason at trial. Andre Ouelette told the press that, quote, the bottom line is the Crown was in a difficult position. They are not going to charge people whose evidence they require. But now that Jason had pleaded guilty and there was no trial for the other teenager to testify at, the way things had shaken out seemed grossly unfair. Jason's lawyer added, quote, my client is essentially the only one paying the price. There was no comment from the Crown prosecutor. At sentencing, the youth court judge explained to Dylan's loved ones that his tragic death was not the result of a planned act. It was a case of impulsive recklessness. Quote, this young person found himself in a situation that got out of control and escalated with awful consequences. The judge said there is nothing that could be done to bring Dylan back. Jason's lawyer agreed with the judge's characterisation of the case as one of recklessness. The court heard that Jason had changed dramatically since the incident, as evidenced by a new psychiatric assessment. The publication ban meant the press couldn't publish anything about that first psychiatric assessment or its conclusions. But the way it was reported certainly suggested that whatever was in that report convinced the judge that Jason should not be released on bail. But now there was an update. According to the Calgary Herald, Andre Ouelette pointed out that the original psychiatric report found that Jason was, quote, almost a psychopath. But the new psychiatric assessment conducted with the same person as the first, determined that Jason, quote, isn't a psychopath and in fact he is not a danger to himself or the community. Despite the defence and the judge agreeing that Jason's actions were impulsive and reckless, not malicious, the judge went with the Crown's recommendation and sentenced him to three years probation with strict conditions. The then 17 year old was ordered to live with his father in Ontario where he must also attend school or find full time employment. He would be subject to a curfew, would have to take anger management and other counselling and must refrain from using intoxicants. He was also prohibited from owning or possessing any weapons or explosives for 10 years and possessing flammable material. Family spokesperson Dennis Bennett said the family was happy with the outcome, adding, quote, we, we hope this young person especially is going to get the help he needs to have. So hopefully at the end of three years, he is not going to reoffend and be involved in hurting someone else. But outside court, Dylan's mother, Carol Bennett, had something more to say. It was the first time she'd spoken out publicly since her son's death two years earlier. Referring to a comment the defence had made about how Jason already lost part of his life in jail, she added, quote, we don't have our son anymore. He lost his whole life. About a month after Jason was sent to Ontario to live with his father, probation officials there picked up a mistake in his sentencing and advised his lawyer. The judge had agreed with the Crown's request for three years probation, yet the Young Offenders act stipulated a maximum of two years probation. As it turned out, this mistake was just the tip of the iceberg. Hey, you want to pay just 10 bucks for your phone service at Boost Mobile? Just 10 bucks for your phone service at Boost Mobile? Yeah, I totally do. Yeah, I totally do.
- [42:33]
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- [42:49]
Hannah Berner
Hannah Burner Are those the cozy Tommy John pajamas you're buying?
- [42:53]
Paige de Sorbo
Paige de Sorbo? They are Tommy John and yes, I'm stocking up because they make the best holiday gifts.
- [43:00]
Hannah Berner
So generous.
- [43:01]
Paige de Sorbo
Well, I'm a generous girly, especially when it comes to me. So I'm grabbing the softest sleepwear, comfiest underwear and best fitting loungewear.
- [43:09]
Hannah Berner
So nothing for your bestie?
- [43:11]
Paige de Sorbo
Of course, I'm getting my dad, Tommy John. Oh, and you, of course, it's giving.
- [43:16]
Hannah Berner
Holiday gifting made easy.
- [43:17]
Paige de Sorbo
Exactly. Cozy, comfy, everyone's happy gift everyone on your list, including yourself with Tommy John and get 40% off site wide right now at tommyjohn.comfort.
- [43:40]
Canadian True Crime Narrator
For more than two years, the city of Calgary had been whipped into a frenzy about the horrific murder of Dylan Lestage and the broader implications relating to the decay of youth culture and teenage behaviour in the mid to late 90s. Within days of his death, the press had depicted Dylan as a 15 year old who not only had drugs and alcohol, but refused to share them. He was portrayed as a troublesome and hyperactive teen who was frequently kicked out of the pool hall. And the incident that caused Dylan's death was portrayed as murder, a malicious and calculated act. Payback for his refusal to share. Headlines blared the shocking news of a single teenage killer torching an acquaintance to death before fleeing the scene, and how he dared to inconvenience the police by refusing to speak to them until his mother was present. Then there were vague mentions of a mysterious psychiatric report that seemed to suggest Jason was so dangerous he couldn't even be released on bail. These sensational headlines portrayed Dylan's death as proof of a surge in teen violence, violence. And Calgarians and Canadians were gripped by outrage. They demanded swift and severe justice. Some even called for the death penalty. And now that the truth of Dylan's death was known, the story was far less dramatic. The press focused on the next big thing. There were no more updates about whether Jason's three years probation was reduced or what became of him after that, although the absence of news suggests he never offended violently again. But that wasn't the last update about the case, because, as it turned out, the way the media reported on the circumstances and death of Dylan Lestage had offended defence lawyers, crown prosecutors and judges alike. And the following year, after the guilty plea, several chose to speak out about it for a feature article published in Alberta Views magazine that examined the complexities and myths surrounding youth crime. The piece's author, Sandy Kalef, presented the death of Dylan Lestage as a case study of how public perception of youth crime, which is fuelled by the media, often isn't consistent with reality. A retired Alberta senior judge, Herbert A Allard, described Dylan's case as three kids playing with matches. There was no animosity, no anger, no motive. They were playing with a highly volatile substance. But the community had people walking up and down with signs saying death to child killers. Other members of the legal community detailed multiple examples of how the facts of the case were distorted by the press and how the early narrative framed around Dylan's death was contrary to the facts. And it wasn't because the media didn't know the facts. The feature article revealed that the actual circumstances surrounding Dylan's death and what led up to it were known very soon after Jason's arrest. Barry McLaren, then spokesperson for the Alberta Legal Aid Society, said that within a week, everyone knew that the Crown would not be proceeding with a murder charge, but, quote, that was never reported in the media. Right up to the end, the media maintained the position that the public was being confronted with a boy who had sex with, set fire to another boy. Jason's own defence lawyer, Andre Ouellette, said He did his best to get the facts across when interviewed by reporters, but the media chose to focus on the same false narratives. He added, quote, it's easier to sell blood and gore and moral outrage. And those news stories provoked public outrage and protests, which in turn gave the media more news to report on, effectively perpetuating the false narratives. After the judge sentenced Jason to three years probation, the sensational headlines continued like this one. Probation granted to teen in five prior death. It suggested Jason had been given a gift, let off easy. Author Sandy Kalef wrote that to some this might have sounded like Molly coddling, but quote, what they probably did not know is that the young offender, who was 15 at the time and never charged with murder, had already spent two years in custody before ever going to trust trial. He was in jail from the day the event happened until he was sentenced. So what happened to that series of bail hearings? As far as the public was concerned, there'd been multiple attempts by Jason to be released on bail and his third bail hearing was postponed. But there were no further updates. And that's because Jason was never released on Bailey. While some of the press articles reporting on his guilty plea did mention this, it was buried in the text of the article. And perhaps more importantly, there was no mention of the fact that the two years Jason had already spent in prison was actually the equivalent of what an adult would have been sentenced to if convicted for the same charge of criminal negligence causing death. Death. The teenager had already been punished before he was even sentenced. Yet the news articles focused instead on how he was granted three years probation. And that brings us to the next part, the bail hearings and the real reason Jason couldn't get bail. The vague details offered by the press seem to imply that Jason was signed some kind of diabolical serial killer in waiting, too dangerous to the public to even consider his release. But that wasn't true. The reason he was not released on bail was because he literally had nowhere to go. Barry McLaren from the Alberta Legal Aid Society was quoted saying his family structure was not supportive enough and Child Welcome Welfare indicated they had no placement for him. It appeared that Jason had experienced a disadvantaged upbringing with an absent father. And as for his mother, there were serious concerns about her ability to act as a parent and whether Jason could live with her on strict conditions if granted bail. Although the Crown prosecutor stated that the 15 year old was not a suitable candidate to be released, the real story was that no one could find a suitable place for him to live because releasing him to go back to living in the Deserted office building was not an option. Another option was to turn Jason over to social services for placement and a home for troubled teens. But there were no beds available at any local group homes at the time. During the discussions, the defence said circled back to the judge with the update that Jason's mother was prepared to take him, at least on a short term basis, with support from child welfare officials. But the concerns remained and his bail hearings continue to be delayed and postponed and then presumably cancelled. Sensationalism has long been a prominent feature of crime reporting. But in cases like the death of Dylan Lestage, why would the press continue to emphasise a narrative that just wasn't true when the actual facts were known? According to retired Senior Judge Allard in that Alberta views feature reporters in general used to see little point in attending youth court hearings because the publication bans meant there wasn't much for them to report court. But then the press started to realise there were some fairly juicy cases coming up. They were prepared to test the limits of publication bans and push the envelope to its ugliest. He said the media effectively orchestrated hysteria, which soon turned into public demands for harsher forms of justice when the facts weren't known and the young offender hadn't even been convicted. Jason's own lawyer, Andre Ouelette, added that such publicity also led to the perception that the system is too soft on these young offenders while, quote, they just thumb their noses at us. But that wasn't reality. He noted that young offenders can try to give the impression of bravado, but are in fact terrified. I've watched watch these kids cry like a baby. They are scared little kids. In reference to criticism about the treatment of young offenders, retired Judge Allard stated that it amounted to, quote, a philosophical belief that if you get tough with kids, you will reform them as adults, that by demeaning them and locking them up, you will rescue them. The problem is there's ample evidence that it doesn't work. That was true when the feature article was printed in 2000 and it's still true today. There's a plethora of scientific research that tells us exactly why young offenders are treated differently in the justice system. Their brains are still developing, particularly in areas responsible for decision making, impulse control and understanding long term consequences. And the prefrontal cortex, which governs these abilities, doesn't fully mature until a person reaches their mid-20s. That's why young people often act impulsively and are more susceptible to peer influence, where they have less capacity to assess the risks and consequences of their actions. It's also why youth justice systems aim to guide young people away away from crime and into more positive life choices as they mature. And why there's a tendency to focus more on rehabilitation and reintegration rather than harsh punishment. But sadly, the facts are often just not entertaining enough. So now we circle back to the family member who contacted me to cover this case. It was Dylan Lestage's younger sister, Nicole. She was just 13 years old at the time, so it was difficult for her to fully understand all of what was happening. The judge determined she was too young to attend many of the court proceedings, even though she begged to be there. All she knew was what she was hearing from the media and almost everyone else that Dylan was murdered. But she's always wondered, was it really murder? Nicole has given me some other facts to share. Details from behind the scenes that bring the case into much clearer focus. She tells me the teenager we've called Jason was not just an acquaintance of Dylan's. As the press reported, the two attended junior high together and had been close friends for a couple of years. Jason had spent time at Dylan's family home, including in the lead up to the fatal incident. Dylan had of course, moved schools a few months earlier and started making some new friends. The day before the incident, which was Wednesday, July 16, he begged his parents to allow him to go to a sleepover. He was actually grounded. Nothing big, just a late curfew. But it appears that the sleepover involved a couple of friends from his new school and Dylan didn't want to be left out. So his mother and stepfather caved and said yes. It's a decision they've had to live with ever since. The next morning was that fateful Thursday. Dylan and a couple of friends, presumably from the sleepover, were went to meet up with his close friend Jason from his old school, who'd been living at the deserted office building. The incident happened at around 10am as far as the public knew, Dylan was rushed to hospital, where he passed away later that evening. But it's important to know the heartbreaking details of what actually happened during those eight hours. Dylan was immediately placed on life support at the Foothills Medical Hospital Burns unit. When his panicked family members arrived, they were met by a team of doctors who gave them very grim news. Dylan was not going to survive his injuries. While the press largely reported that Dylan had suffered burns to 100% of his body, Nicole says it was actually 90%. And the reason she remembers this is because of one specific detail they were given. The family was told that part Of Dylan's leg had been spared of burns which indicated it was wet just before the incident, likely because he'd just stepped in a puddle of water. But that was the only part of his body that didn't sustain burns. His parents had to make the agonising decision to take him off life support and put an end to his suffering. That evening, his family gathered around him and said their final goodbyes. Nicole tells me that although she was only 13 at the time and can't remember many of the details, she has vivid memories about the media and the reporters sent to dig up information. She describes them in her family's experience as the worst. And that brings us to the next big issue you'll remember. This story started with the account of a teenager called Tanis who according to the media was the first one that came across Dylan. As he stepped staggered out of the building screaming. Tanner said he called her name and reached towards her for help. She ran to a nearby restaurant yelling at them that he was on fire and to call 91 1. But she said no one believed her. Then she said Dylan told her that he'd been intentionally set on fire by kids from his new school because he wouldn't share his drugs or alcohol with them. This particular detail struck me as very strange. It just didn't seem likely that a teenager engulfed in flames dealing with a life threatening crisis would have the presence of mind to communicate such specific information in the moment. And the police stated there was no evidence of drugs or a dispute. But before long, a Canadian press article was being syndicated across the country, beginning, quote, witnesses say a dispute over drugs and alcohol led to a teenage boy being doused with turpentine and burned to death by another teen. But there were no other witnesses. It was just Tannis. So who was she? Nicole has an answer for this. Her family has no idea who Tannis is. And the story she apparently gave to Calgary Herald reporters about her interaction with Dylan that morning was completely inaccurate. Nicole tells me that the real story was that staff members from the neighbouring White Spot restaurant helped Dylan that day after they heard him screaming for help in the restaurant doorway. They were the ones that called 911 and started dousing him with water. Water to put out the flames, staying with him until the ambulance arrived. Nicole tells me that later her family went to meet the staff members from the White Spot and heard the account directly from them. Tanis was not part of the story. There was no one else around. But none of this made it to the media reports. So what actually happened here? Nicole believes that the media were so hungry for a story that as soon as word got out about the incident involving a teenager engulfed in flames, reporters were dispatched to the area, instructed to find people willing to speak with them. And they soon came across Tanis and a couple of other teenagers there. Nicole believes that in the morning moment these young people were feeling a kind of awestruck and wanted to be involved in the story. So when they were approached by a reporter, they made things up. And in the case of Tanis, the press not only printed the uncorroborated account of a teenage girl they happened to come across, but they used her comments as the lead for the news cycle which syndicated it across across the country. There was never any press follow up with Tanis to get more details about her account or to investigate why it was completely contradictory to what everyone else said. There was no correcting the record, including later after Jason pleaded guilty and the agreed statement of facts revealed that what actually happened was the very opposite of a dispute over drug, drugs and alcohol. And then there's that article about Dylan hanging out at the pool hall that seemed to have no point to it and focused on so many awful comments made by the owner about Dylan Lestage. I still have no idea what that was about and neither does Nicole. You'll also remember comments from the teenager named Cindy, who identified herself as a longtime friend of Dylan's and said he didn't do drugs. He was always trying to get people to stop. Dylan's sister, Nicole, tells me her family knew Cindy well and the details she provided to the press were accurate. Nicole tells me that it was a very traumatic time in her life and she's lost or repressed many of her memories from that period, including memories of her brother. But she vividly remembers how ruthless and disrespectful the media was, especially in those early days and weeks. The only solo photo of Dylan published by the media was his graduation photo, which a reporter obtained without his parents consent and published it before they'd even had a chance to notify extended family about what happened to Dylan. It caused them great distress. Nicole says reporters came to their neighbourhood and canvassed their neighbours houses. At one of the houses, a close friend of both Nicole and Dylan answered the door to find a reporter who asked her if she'd seen the human fireball. Nicole says this is how that friend found out about what happened to Dylan. Reporters set up camp across the street from their house and waited for weeks for something to happen that they could report about. And then during court appearances. Reporters followed their family to and from the courthouse, shoving cameras and their faces at every opportunity. When Nicole and her parents tried to get lunch, they would see reporters waiting outside, photographing them as they ate. They even noticed a couple snuck in and were sitting nearby, listening to what the family discussed during lunch breaks. Nicole tells me that over the decades since her brother's death, as she tried to make sense of what actually happened to Dylan and why, she couldn't shake the feeling that the media played a prominent role in how his death was perceived and that it was because of the media that that her family believed that the only proper course of justice was for Jason to have been tried for second degree murder in adult court. They were grieving and broken hearted, unable to think logically. In such a vulnerable state, it was too easy to fall victim to salacious headlines and incorrect narratives pumped out by a press looking to sell more newspapers. These days, crime reporting has evolved, at least in theory. Many journalists follow ethical guidelines that emphasise trauma informed reporting, treating survivors and families of victims with dignity and avoiding reckless speculation. But the case of Dylan Lestage is an example of how ruthless reporting tactics can shape the way high profile cases unfold in the public eye, regardless of the truth. Nicole, I hope that this has helped you make up your own mind about what happened to Dylan. I hope it's brought you some much needed peace. I wish you and your family all the best.
- [66:43]
Paige de Sorbo
Foreign.
- [66:47]
Canadian True Crime Narrator
Thanks for listening. If you found this episode compelling, we'd love for you to tell a friend, post on social media or leave a review wherever you listen to podcasts. This series was largely pieced together from the news archives. For the full list of resources and anything else you want to know about the podcast, Visit Canadian True Crime.com and follow us on the Canadian True Crime, Facebook and Instagram pages to see photos and clippings. Canadian True Crime donates regularly to charitable organisations that help victims and survivors of injustice. This month we've donated to the Canadian Resource Centre for Victims of Crime who offers support, research and education to survivors, victims and their families. You can learn more@CRCVC CA audio editing was by Crosby Audio and Eric Crosby voiced the disclaimer. Our senior producer is Lindsay Eldridge and Carol Weinberg is our script consultant. Research writing, narration and sound design was by me and the theme songs were composed by we talk of dreams. I'll be back soon with another Canadian True Crime episode. See you then.
- [68:30]
Casey from Casefile Podcast
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