A man convicted of murdering a well-respected First Nations man in downtown Midland has been granted a 60-day unescorted temporary absence from prison.
Just nine years after being sentenced to a mandatory life sentence of 25 years with no chance of parole for 10 years, Jessy Herlichka was granted the temporary absence by the Parole Board of Canada to go to Maison Décision House in Ottawa to participate in a residential substance abuse treatment program, pending bed availability.
Four years ago, Herlichka, who is now 38, had his appeal denied by Ontario Appeal Court Justice Michal Fairburn for kicking and beating 59-year-old Andrew Mixemong to death on July 6, 2012.
In 2015, Justice Alfred Stong handed Herlichka a mandatory life sentence of 25 years, with no chance of parole for 10 years. His co-accused in the brazen attack, Paul McClung, was found guilty of manslaughter and received a 10-year sentence with the parole board determining parole eligibility.
Mixemong was beaten in the alley behind King Street eatery Dino’s Fresh Food Deli, where he had arrived to pick up his wife, Lorraine Ashkanese, from work.
Mixemong, who died in hospital with organ damage, also had a broken jaw and broken facial bones and ribs.
He was a popular figure in both Midland and Beausoleil First Nation.
In its recent 10-page decision, two national parole board members noted that after a video hearing they were opting to allow Herlichka the pass for “personal development for rehabilitative purposes.”
It found that using a psychological risk assessment as a guide, Herlichka is a low-moderate range of risk for general and violent recidivism.
“Your Statistical Information on Recidivism score of +17 places you in a category in which four out of five offenders will not commit an indictable offence within three years of release,” states the report, signed by L. Carter and A.M. Scott.
“Your Criminal Risk Index (CRI) score of zero indicates you are in a risk group as a low-risk offender and recommended for the Integrated Correctional Program Model (ICPM) Moderate Intensity Programs," the report adds.
The board also followed a Correctional Service of Canada recommendation that the pass should be granted, given Herlichka’s past “demonstrated success” on escorted temporary absences along with “completed programming, developed insight into your offending, established positive coping strategies and have realistic plans for the future. You are a low escape risk and low risk to public safety.”
The correctional service notes the time away from prison will allow Herlichka to explore “the impact substance use had had on your life and identify triggers and relapse prevention strategies.”
The report goes on to outline Herlichka’s earlier home life where he was raised primarily by his mother and moved around a great deal, never developing any lasting or significant friendships.
“Your mother abused substances, had an extensive criminal record, and was physically abusive towards you,” the report noted. “You reported that you wished Child Protective Service's would have done more for you. Your mother passed in 2020, and you report having three stepsisters, one of whom you remain close with today.”
The report also noted that Herlichka has had two serious relationships from which he has two daughters.
“File information indicates that both relationships ended amicably and that you maintain contact with your children,” the report states, adding that Herlichka started drinking with his mother when he was 12, the age at which he also started smoking pot before starting to abuse other drugs.
“You indicated that substance use has been highly problematic for you and that you frequently engaged in violent and uncharacteristic behaviour while under the influence,” the parole board notes.
"At this juncture, your risk to the public and any mitigation of risk is the focus of an absence. The board has considered your social history in its decision. The board finds it is desirable for you to be absent from the penitentiary to further strength (sic) your sobriety.”
While the board said that Herlichka is not to contact any of Mixemong’s family members, it found “you have insight into the harm caused and empathy for the victim's family. The board has considered the tragic loss to the victims in its decision.”
