Sentencing for teen in stabbing death of Hamilton student Devan Selvey set for March 11
CBC
The sentence for a teenager who pleaded guilty to second-degree murder in the stabbing of 14-year-old Devan Selvey will be handed down on March 11 — not two months from now as originally expected.
Sentencing began on Feb. 25 with the Crown and defence lawyers jointly calling for seven years — the maximum for a youth convicted of second-degree murder.
But after a day spent listening to submissions and emotional victim impact statements from Selvey friends and family members, Superior Court Justice Andrew Goodman said he couldn't immediately provide a sentence.
He pointed to the nature of the case, its importance to everyone involved and the need to write out his reasons. The judge also noted jury trials are starting back up. Goodman apologized for the delay, but said he wouldn't be available again until April 28.
The teen, who can't be identified under a court-ordered publication ban, was also 14 when Devan died after he was stabbed behind Sir Winston Churchill Secondary School. He's been in custody ever since and is now 16.
An agreed statement of facts, read when the accused pleaded guilty, said the teen stabbed Devan once in the right upper back.
Lawyers in the case are asking for recognition of time served, which would see the teen spend just under two more years in custody, then three years under supervision in the community.
They are also asking the judge to order that the teen be enrolled in the intensive rehabilitative custody and supervision program, which Crown attorney Brett Moodie described as a "unique and powerful" tool that's only available in very serious offences.
Despite the sentencing new date, Shari-Ann Selvey, Devan's mother, said in a text message to CBC on Monday that she still felt "defeated."
Having to return to court again and again and hearing the details of that day is "emotionally draining," she said on Friday.
"I just want it to be done with."