One of two youths accused in Sitansisk elder's stabbing death released from custody
CBC
One of two teenagers charged in the death of an elder from Sitansisk First Nation has been released from custody while he awaits his next court appearance.
Mark (Barnzie) Brooks of Sitansisk, also known as St. Mary's First Nation, was stabbed to death on the night of June 21 on Union Street in Fredericton.
Two 17-year-olds, whose identities cannot be reported because of their age, are charged in his death.
On Tuesday, Judge Natalie LeBlanc ordered one of the youths, who is charged with aggravated assault, to be released from custody until his next court date on Aug. 22. Crown lawyer Cathleen Trafton said the Crown did not object to the release.
The youth's lawyer, Edward Derrah, then told the court his client intends to plead not guilty at a future appearance. Trafton said the Crown has no objection to that plan.
The bail hearing for the second youth, who is accused of second-degree murder, was postponed to July 17. That youth is still being held in custody and is represented by lawyer Alex Pate.
Both teenagers appeared before the court virtually on Tuesday. During a previous appearance, Judge Cameron Gunn downgraded one of the youth's charges from manslaughter to aggravated assault.
On Tuesday, LeBlanc ordered that the released youth must follow several conditions, including remaining in his home. The youth must present himself at the door if police come to their home, and must get permission from police to leave his home for reasons other than medical appointments or meetings with his lawyer.
The teen also cannot return to the crime scene in Fredericton and cannot communicate with the other accused youth as well as a 15-year-old who was arrested before being released without charges.
Many of Brooks's family members attended the hearing Tuesday. His son, Mark Brooks III, yelled out and left the courtroom when it was announced that one of the youths would not remain in custody. He remained outside the courthouse and expressed his anger to reporters about the release.
Sitansisk Chief Allan Polchies was also present in the courtroom for Tuesday's hearing. Afterward, he told reporters he was also upset that one of the accused was released while they await their next appearance, and that doing so meant justice was denied to Mark Brooks and the Indigenous community.
He also expressed disappointment with how the court has communicated with family members of the victim.
"The Crown needs to communicate with the families, and to share with them what is going on. There has been no communication since last week, which is very sad," Polchies said.
"Everyone deserves justice, and we want justice for Barnzie. It's very disrespectful."
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