Guilty youth sentencing delayed
Published Monday, June 4, 2012 6:27PM EDT
The sentencing of the 16-year-old male who pleaded guilty to the second degree murder of Larry McDonald has been delayed until July.
The teenager entered his guilty plea in April. On Monday, the lawyers in the case finished their arguments regarding the admissibility of the statements given to police by the accused the day he was arrested. The judge must rule on the admissibility before a decision can be made on whether the teen will be sentenced as a youth or an adult.
McDonald was stabbed nearly 20 times when he tried to break up a fight at his apartment on Green Valley Drive in Kitchener in March, 2010. He died shortly afterwards in hospital.
In April, a detective testified about that statement and it appeared that at the time officers didn't properly read the accused his rights.
Crown attorney Cynthia Jennison says "Unfortunately there was just a minor imperfection in the provision of that and as a result there's an argument about whether or not that affects our ability to use it at the sentencing hearing."
A psychiatric assessment for the youth is expected to be done on June 6th. From that, the judge will decide whether the accused will be sentenced as a youth or an adult.
Defence lawyer Craig Parry says "That will help inform the judge as to how to sentence the person."
After the judge's decision in July, a psychiatric report on the teen will be presented.
With all the elements involved, the sentencing hearing may be longer than usual, with a final decision expected in the fall.