Jane LaMarsh

Case information

Name: Jane LaMarsh

Background

Jane LaMarsh was a 50-year-old woman from Wallaceburg, Ontario. She read from a single sheet of paper during sentencing and said: "I am devastated by my actions," and "I understand I need so much help and treatment."

The court heard that LaMarsh had a 15-year history of depression. In 2008, she told a mental-health nurse she had previously thought about driving into head-on collision with her daughter in the car and had attempted to gas herself, her daughter and grandchildren. In July 2009, LaMarsh wrote on a mental-health form she would kill herself if she had the chance. In October 2009, she complained to a psychiatrist about stressful events at home and said a new medication was not improving her mood. A follow-up appointment had been set for Dec. 4, 2009, the day after the murder. On Dec. 4, she had to be admitted to hospital because she was suicidal. Her husband had to take a knife away from her. While at the hospital, she told a nurse she had tried to commit suicide by driving into the river, and she later denied making the statement. She told another nurse on Dec. 3 she had been angry and nobody listened to her. She also said she gets satisfaction from taking revenge on people.

Judge Renee Pomerance recommended that LaMarsh receive an immediate mental-health assessment and treatment when she enters the prison system and be placed in a facility equipped to provide such treatment. The grandmother was described as being in an emotionally disturbed state suffering from a mental illness, but under the law remained responsible for her actions, said Judge Pomerance.

Defence lawyer Lynda Lamb said LaMarsh knew something was wrong and was desperately seeking help. Lamb said: "She did not get it." Lamb also said it was "very troubling" that LaMarsh’s suicidal and homicidal thoughts were never brought to the attention of authorities, adding: "there will, hopefully, be some sort of investigation." Lamb added that she raised the issue not to excuse LaMarsh’s actions, but to attempt to figure out why this tragedy happened.

The offence

LaMarsh was charged in relation to the drowning deaths of her grandchildren after the car she was driving went into the St. Clair River.

On Dec. 3, 2009, LaMarsh picked the children up at their mother's home and told others she was taking them to shop in nearby Wallaceburg. Police said she told her daughter, Stephanie Bernard, that she was taking all three children Christmas shopping. The CBC account described the time as 7:10 p.m. LaMarsh was driving on St. Clair Parkway with three children in the car: her daughter Jennifer LaMarsh, 12; her grandson Tyler Bernard, 10; and granddaughter Taiya Talbot, 6.

A court order prohibited publication of the teenager’s name (LaMarsh’s 12-year-old daughter).

The CBC account stated that police alleged LaMarsh drove along the shoreline road known locally as River Road, but stopped near the Suncor refinery where she made a U-turn and drove the car into the river. The courtroom evidence described LaMarsh directing her Ford Tempo off the St. Clair Parkway at around 7 p.m., making a U-turn to head southbound towards Wallaceburg. She made no attempt to steer away or brake as she drove down the river embankment on an angle for 91 metres. Collision deconstructionists testified it took six to seven seconds to hit the 49 F water. A witness testified the car came off the huge boulders at the shoreline and "jumped" into the river.

As the car was submerging, police said LaMarsh and her 12-year-old daughter managed to escape the vehicle. The emergency responders that arrived on scene were unable to revive the children after pulling them from the car 90 minutes later. The vehicle was submerged in about 15 feet of water. A passerby waded chest deep into the river, struggling against the icy water’s current, trying to reach the car, but it was too far away and too deep. A Sarnia police officer who arrived on the scene minutes after the car submerged rushed into the water towards the headlights that were still shining, but was also forced back.

Police confirmed that the cause of death for the two children was drowning. At the preliminary hearing, Tyler was described as being in the front passenger side, and Taiya was described as being in the middle rear. Jennifer was described as being able to get out the back because of her persistence, and she said it was extremely difficult because of the way the car landed in the water and the current that was pushing on the passenger side.

During the preliminary hearing, LaMarsh’s 12-year-old daughter testified she assumed her mother was heading for a driveway at the bottom of the embankment. As the water came in, nobody said anything, she testified. She pulled at Taiya, trying to get her free and out the door she had managed to open, and finally had to leave when she could not hold her breath any longer. She decided not to attend Friday’s sentencing, and she said: “I can’t imagine what she’s going through.”

LaMarsh’s last words to her grandchildren were: "Oh my God guys, I'm so sorry," as she directed her Ford Tempo off the St. Clair Parkway.

In the preliminary hearing, their mother Stefanie Bernard testified her last words to her children were: “Be good.” She expected them to return in about 20 minutes. Judge Renee Pomerance said: “She (the mother) never could have foreseen the terrible turn of events.”

Investigation and arrest

Police said their investigation turned to LaMarsh after an inspection of the car she had been driving the night the children died determined there was nothing mechanically wrong with the vehicle. During a press conference Friday, Sarnia police would not say whether the children’s mother had spoken to LaMarsh since the incident, because they said family dynamics play a role in the investigation.

At a preliminary hearing, collision deconstructionists and witnesses testified about the impact, including that the car hit the 49 F water and that it “jumped” into the river.

Sarnia police officers arrested LaMarsh at her home in Wallaceburg on Thursday. During the arrest, officers seized computers from LaMarsh's home.

When asked if the deaths were part of a murder-suicide attempt, Det-Sgt. Scott MacLean said: "That's something that's part of the evidence … yet to be determined, but as I say there was no mechanical or environmental or any reason why the vehicle would have left the roadway and veered into the water."

Trial

LaMarsh pleaded guilty to second-degree murder.

The plea was described as following consultation between Crown and defence lawyers, along with police and the victims’ family. The packed and hushed courtroom listened as disturbing details of the case were entered into evidence.

LaMarsh pleaded guilty Friday to the second-degree murder of 10-year-old Tyler Bernard and his six-year-old sister Taiya Talbot.

Judge Renee Pomerance announced the sentence and said: "She (the mother) never could have foreseen the terrible turn of events."

A charge of attempted murder was withdrawn. The second-degree murder conviction came with an automatic life sentence.

Sentencing

On September 14, 2011, LaMarsh was sentenced to life in prison with no chance of parole for 10 years. LaMarsh read: "I am devastated by my actions," and "I understand I need so much help and treatment." She was granted parole eligibility after serving 10 years.

Judge Renee Pomerance recommended immediate mental-health assessment and treatment when LaMarsh entered the prison system and recommended she be placed in a facility equipped to provide such treatment.

Crown attorney Richard Weatherston said LaMarsh had a 15-year history of depression.

Det-Sgt. Scott MacLean said the 12-year-old daughter was coping with survivor’s grief that would require long-term counselling, and said: "I can’t imagine what she’s going through." MacLean also said she had to come to terms with her mother's admission she tried to kill her.

At the preliminary hearing, the daughter testified she did not believe her mother tried to kill her.

Other details

Victims

Tyler Bernard (10) and Taiya Talbot (6) were killed.

Timeline

• Dec. 3, 2009 — LaMarsh picked up her grandchildren; she was driving on St. Clair Parkway with Jennifer LaMarsh (12), Tyler Bernard (10) and Taiya Talbot (6) and drove the car into the St. Clair River.
• July 2009 — LaMarsh wrote on a mental-health form she would kill herself if she had the chance.
• October 2009 — LaMarsh complained to a psychiatrist about stressful events at home and said a new medication was not improving her mood.
• Dec. 4, 2009 — LaMarsh was admitted to hospital because she was suicidal.
• Sept. 14, 2011 — LaMarsh was sentenced to life in prison with no chance of parole for 10 years.