A judge has ruled that two statements from police will not be admissible as evidence at the sentencing of a 16-year-old, who has already pleaded guilty to second degree murder.
In March 2010, the teen was fighting with his 35-year-old girlfriend at an apartment on Green Valley Drive in Kitchener. Larry McDonald, who was intoxicated at the time, tried to stop the fight. McDonald was stabbed 20 times.
On Thursday, the judge said the police statements do not comply with the Canada Youth Justice Act, and they will not be allowed as evidence.
“There’s been a court ordered psychiatric report and a psychiatrist would want to know what material they’re allowed to use in that report and whether or not police statements could be used,” said defense lawyer Craig Parry. “Now that’s all been ironed out. We know what can be used at the next stage of proceedings.”
The sentencing date will be set in September.
It’s not yet clear if the teen will be sentenced as a youth or as an adult.
