Brandon Burchell (Photo courtesy of Tina Gervais) Brandon Burchell (Photo courtesy of Tina Gervais)
Windsor

Petition launched to keep Windsor child killer behind bars

A Windsor mother has created a petition after learning her son's murderer is up for parole.

Tina Gervais's nine-year-old son Brandon was murdered in a Peter Street apartment in Windsor in the summer of 2005. The man found guilty of the crime, Douglas Lambier, was dating the child's grandmother.

Lambier had been left alone with Brandon to watch him while his grandmother was at work. Lambier called 911 at one point that day to report that the child was unconscious. When paramedics arrived, Brandon was found without vital signs. The boy was wearing only shorts with the zipper undone and had bruises on the upper half of his body. An autopsy report revealed he had alcohol in his blood. The official cause of death was ruled as asphyxiation.

Although she has been coping the best she can over the last 12 years, Gervais said the crime drastically altered life for her and her other two sons.

"I moved out of Windsor when it happened," said Gervais. " I cry on days thinking of Brandon. My kids don't celebrate Christmas. I have a 26-year-old who sits in his room, doesn't celebrate Christmas, doesn't celebrate Easter, and doesn't celebrate Thanksgiving."

Lambier had two previous convictions for sexual assault involving children. Lambier, 43 at the time, was charged with first-degree murder in 2006 for Brandon's death. He agreed to a plea bargain and pled guilty to the lesser charge of second-degree murder and was sentenced to 15 years behind bars.

But now Gervais, who has since moved back to Windsor, said she was shocked to hear from the parole board that Lambier has applied to get out in early 2019. According to Gervais, when the board broke the news to her they said Lambier's parole was recommended by the warden, who cited good behaviour.

Gervais was shocked to hear that her son's killer might soon be a free man. Even though she was assured Lambier would not be allowed to return to Windsor if granted parole, Gervais said that just isn't good enough.

"I made a promise to my boys when they were younger. I told them that the fight wouldn't stop. This isn't his first charge of this, he's been charged before and he only got three years.  This time I'm fighting all the way," said Gervais. "He got a life sentence, he can do his life sentence. This little boy doesn't get a life to walk the streets again, my son doesn't get to come home. Why should this guy be able to walk the streets?"

Shortly after hearing the news, Gervais created a petition titled 'Keep this child killer Douglas Lambier in prison.' She posted it to her Facebook page on December 12 and less than 24 hours later it had received nearly 700 signatures and 187 comments.

According to the Government of Canada's website, victims of a crime have the legal right to receive information about the person who harmed them. Victims also have the right to attend the offender's parole hearing and present a statement that "outlines the continuing impact the offence has had on them, as well as any risk or safety concerns they feel the offender may pose."

"It's not just for me, I'm doing it for everyone else. If he could do it to two children already, what's saying he can't do it to another child if he's walking the street," Gervais said. "It doesn't have to be in Windsor or the Essex area, it could be in any area. I do not want to see another family going through what I went through."

Brandon would be 22-years-old if he was alive today and according to Gervais, he would be proud of what she's doing, but not surprised.

"He knows, I talk to him all the time he knows how strong I am. I said that I would never give up. I told my boys I would fight to the end and the time is here and I'm fighting," said Gervais.

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