Village ban struck down in court, victim disappointed

A few weeks ago, three justices from Saskatchewan’s Court of Appeal struck down a probation order for Nikki Sixx Serafino that effectively banned him from where he’d been living, the village of Abernethy.

The order was part of a list of probation requirements handed down when Serafino was sentenced for criminal harassment last year.

Serafino’s victims in this case were subject to a months-long campaign of harassment and threats. The victims were his neighbours, the Bennetts.

Shawn Bennett said Serafino and his partner moved to Abernethy from B.C. in May 2019 and the neighbours got on well enough. Bennett said he helped Serafino out a bit.

“We borrowed them a barbecue and did all that kind of stuff, give him some food and stuff, had them over to the house,” said Bennett.

Bennett said it all changed in December 2019 when the village council, on which he had a seat, had a problem with propane tanks on Serafino’s property that were against the local bylaws. Bennett said he volunteered to take a copy of the bylaw to Serafino and work something out.

When Bennett arrived at Serafino’s home, he said the door was open and no one was home, so he just set the papers inside and left. Bennett said Serafino considered it trespassing and that’s when everything changed.

“He kind of went right off the deep end and then he turned it into a personal vendetta against me,” said Bennett.

Court documents say Serafino harassed the Bennetts over the next six months, starting a petition to have Bennett removed from council and getting aggressive with people who disagreed, directing crude and obscene comments toward the Bennetts, and “using his property in a way that was designed to annoy and frighten (the Bennetts).”

“Mr. Serafino attended a village meeting, at which he had a loud and profane outburst directed at the Bennetts, threatened lawsuits against them, and indicated that he wanted to settle things in a fist fight with Mr. Bennett,” read the court decision.

Bennett alleges Serafino started fires on the property line, and would stand there yelling and screaming obscenities at them all day long. He said his daughter couldn’t even go out into the yard. Bennett said Serafino made specific threats to harm his daughter.

Eventually, after Serafino was overheard talking about possibly gunning down the Bennetts, he was arrested and charged with criminal harassment.

Serafino pleaded guilty and was sentenced.

Bennett said they were in the courtroom for that.

“The thing that upset everyone on the whole was that in the three letters of apology that he did read … he never once mentioned our seven-year-old daughter in that process, like no remorse whatsoever in making those threats,” said Bennett.

Bennett said his daughter was impacted terribly by the situation. The year wasn’t a good one for his daughter anyway; sports, dance and school were cancelled due to the COVID-19 pandemic, and her grandfather died.

“And at the same time her grandfather died, that’s when this guy was standing out at the fenceline screaming and hollering and making threats,” said Bennett.

The sentencing judge gave Serafino one year in jail minus 71 days for time already served, along with 18 months probation.

One of the probation orders was for Serafino to not be in Abernethy “unless he has the prior written permission of his probation officer or designate or the court.”

Serafino appealed that order and won. The Court of Appeal ruled the sentencing judge made an error in law, as the Crown hadn’t asked for it and the judge didn’t bring it up until handing down the order, so Serafino didn’t have a chance to argue or bring evidence against it.

“I’m disappointed that the Court of Appeals feels that that’s inappropriate on the judge’s part,” said Bennett.

An order for Serafino to not attend the Bennetts’ residence or their places of work or schooling still stands.

There are only 204 people who live in Abernethy, according to the most recent numbers, and Serafino’s residence is only about 150 feet from Bennett’s. Bennett said that’s certainly not far enough away, and he’s not planning on leaving the village that’s 105 kilometres northeast of Regina.

Bennett believes Serafino could return to his home and pick up where he left off, but said they’ll have to see what happens.

He did point out there are a number of other orders set out for Serafino’s eventual probation and if he breaks them, Serafino could go right back to jail.

“He’s going to dictate the outcome of his return,” said Bennett.

Serafino’s criminal history also includes a six-year sentence for manslaughter in 2012. He was charged with second-degree murder after shooting a man to death in Surrey, B.C., but pleaded guilty to the lesser offence.