Sisters 4-year-old Aubrey Berry and 6-year-old Chloe Berry were found dead in their father’s apartment in Oak Bay on Christmas Day. Their father Andrew Berry is charged with two counts of second-degree murder in their deaths. (Submitted photo)

Sisters 4-year-old Aubrey Berry and 6-year-old Chloe Berry were found dead in their father’s apartment in Oak Bay on Christmas Day. Their father Andrew Berry is charged with two counts of second-degree murder in their deaths. (Submitted photo)

Story told by B.C. dad who killed daughters ‘defies logic,’ says judge

Victim impact statements start Tuesday at Andrew Berry’s sentencing hearing in Victoria

WARNING: This story contains disturbing details about a double murder.

The first day of the sentencing hearing for the Oak Bay father who murdered his two young daughters on Christmas day in 2017 began in the Victoria courthouse on Monday.

Andrew Berry’s defense lawyer told the court that Berry maintains he did not kill four-year-old Aubrey and six-year-old Chloe, despite being found guilty by a jury after an almost six-month trial.

Berry sat in the defendant box dressed in a red sweatshirt and pants from the Vancouver Island Regional Correctional Centre. The back two rows of the courtroom were filled with family and friends. Berry, head tilted down, spent the morning’s proceedings writing on a yellow legal pad and only glanced at those in the gallery when his handcuffs were done back up as he exited the room.

The proceedings began with Crown laying out the aggravating factors that should be taken into account when determining a proper sentence for Berry. Crown counsel Clare Jennings called Berry’s alternate tale of owing money to a loan shark named Paul “completely fabricated” and “self-serving.”

A break was called around noon for Supreme Court Justice Miriam Gropper to determine what facts had been proven beyond a reasonable doubt and would be taken into account.

Jennings told the courts that the jury “clearly rejected that a dark-skinned man killed” the girls, along with injuring Berry in the process. Gropper agreed with Crown following the break, stating that it “defies logic” that the loan shark would kill the children and leave Berry alive.

Evidence shown at trial determined the girls were killed where they were sleeping, in their own home, which Gropper said would be considered an aggravating factor. There was blood inside the suite, but no blood was found anywhere outside the suite.

READ ALSO: Oak Bay father Andrew Berry guilty in daughters’ murders

Chloe was struck in the head and stabbed 26 times, Aubrey was stabbed 32 times. Berry was found naked, in a bathtub full of water with wounds to his neck, which the judge found to be self-inflicted. A small pink bat was found tangled in Chloe’s hair and a knife, similar to a set found in Berry’s kitchen, was found on the floor next to Aubrey’s body. A sheath for the same knife was found on the kitchen floor. Neither girl had defensive wounds, which both Crown and Gropper stated is consistent with them being rendered unconscious prior to being murdered. Berry would have had to turn both girls over at least twice, said Gropper, which was evident by the stab wounds on the front and back of the body.

It is unclear which girl was killed first.

“Berry would have seen the effects of his stabbings and then moved on to the other bedroom and done the same thing to the second daughter. A period of time must have elapsed,” said Jennings, adding that Crown did not know whether all the wounds were inflicted to each child one at a time, or whether Berry went back and forth between the two.

Berry, who had quit his job at BC Ferries, was at the end of his rope financially stated Gropper.

READ ALSO: Oak Bay double murder trial: Five months of evidence, testimony summarized

“He had burned bridges with his parents and couldn’t go to them … he spent all his pension funds to his knowledge and had no further funds coming, he had maxed out all his credit and was in fact in overdraft in all of his accounts,” explained Jennings.

Berry murdered Aubrey and Chloe, at least in part, because he wished to hurt Sarah Cotton, the girls’ mother said Gropper.

“Berry believed, for good reason, that he wouldn’t get the girls back when he handed them over to Sarah on Christmas day,” said the judge. The hydro in Berry’s apartment had been turned off and he admitted he had no money to get it turned back on.

“Whether Berry chose to kill Chloe and Aubrey to protect them from his suicide … or to stop Sarah Cotton from having [the girls], it is very clear that the motivation for all his actions on Dec. 25, 2017 stemmed in part from the animosity towards Sarah Cotton,” said Gropper.

Berry paid little attention to the judge as she spoke during the second half of Monday’s proceedings, keeping his head down to write on the paper in front of him.

The hearing is expected to last four days, with victim impact statements starting on Tuesday.

READ MORE: About this case



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Photo: pixabay.com
Creston’s Lectric Avenue Electronics warns of online scammers after spike in hacks

In the past week, 10 to 12 customers have called in or stopped by the store requiring assistance after their gadgets were corrupted and bank accounts compromised

Robert Klein holds up one of his stone oil lamp creations. Photo: Aaron Hemens
Creston artist turns rocks into candles, vases and more

It was around 25 years ago when Robert Klein got the idea to create stone oil lamps from rocks, after a geologist presented him with two one-inch core samples

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
36 new cases of COVID-19, one death in Interior Health

The number of active cases in the region is at 366

Jesse Teindl (left) is grateful for support in his fundraiser for research of a genetic disease that prematurely claimed the lives of his father Tim (right) and uncle Craig Teindl. Photo: Submitted.
Kootenay community steps up for Skinny Genes fundraiser

Fundraiser auction for rare genetic disease raises more than $10,000 for Skinny Genes Foundation

Kootenay-Columbia MP Rob Morrison. File photo
COMMON’S CORNER: Challenging the government on vaccine availability and more

The first of a quarterly column from Kootenay-Columbia MP Rob Morrison

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry head for the B.C. legislature press theatre to give a daily update on the COVID-19 pandemic, April 6, 2020. (B.C. government)
B.C. nears 300,000 COVID-19 vaccinations, essential workers next

564 new cases, four deaths, no new outbreaks Thursday

Walter Gretzky father of hockey hall-of-famer Wayne Gretzky waves to fans as the Buffalo Sabres play against the Toronto Maple Leafs during third period NHL hockey action in Toronto on Tuesday, Jan. 17, 2017. THE CANADIAN PRESS/Nathan Denette
Walter Gretzky, father of the Great One, dies at 82

Canada’s hockey dad had battled Parkinson’s disease and other health issues

Kelowna General Hospital (File photo)
Second death reported in Kelowna General Hospital COVID-19 outbreak

A total of seven cases have been identified at the hospital: six patients and one staff

Municipal Affairs Minister Josie Osborne speaks in the B.C. legislature, March 4, 2021. (Hansard TV)
B.C. Liberals, NDP sing in harmony on local election reforms

Bill regulates paid canvassers, allows people in condo buildings

(National Emergency Management Agency)
No tsunami risk to B.C. from powerful New Zealand earthquake: officials

An 8.1 magnitude earthquake shook the north of New Zealand Thursday morning

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(AP Photo/Richard Vogel, File)
Pandemic stress, isolation key factors as to why Canadians turned to cannabis, alcohol

Study found that isolation played key role in Canadians’ substance use

Grand Forks’ Gary Smith stands in front of his Church of the Flying Spaghetti Monster float. Photo: Submitted
Grand Forks’ Flying Spaghetti Monster leader still boiling over driver’s licence photo

Gary Smith, head of the Church of the Flying Spaghetti Monster of B.C., said he has since spoken to lawyers

Most Read