Sentencing delayed for killer and accomplice in Tylor McInnis murder

Sentencing for two brothers convicted in the killing of a man whose body was left in the trunk of a stolen car in a North Preston, N.S., cemetery has been postponed, a move that's upset the family of the victim.

Shawntez Neco Downey was convicted following a jury trial in March of second-degree murder in the Aug. 23, 2016, shooting death of Tylor McInnis. Downey's younger brother Daniel Downey was convicted of being an accessory to murder, as well as kidnapping and forcible confinement relating to a second victim.

Shawntez Downey's conviction carries an automatic life sentence. A hearing on Wednesday in Nova Scotia Supreme Court in Halifax was to determine how much time he will have to serve before he can begin applying for parole.

But his lawyer requested an adjournment to allow time for the preparation of a cultural assessment. The Downeys are African-Nova Scotian and such assessments can provide a judge with information to help determine an appropriate sentence.

"In an ideal world all of the expected reports should have been requested at an earlier date," Crown prosecutor Erica Koresowa said outside court. "Hopefully, once the conclusion of the trial, that would have been ideal."

Sentencings pushed back

A cultural assessment was already prepared for Daniel Downey and delivered to the court on Monday. But on Wednesday, his lawyer requested a Gladue assessment, which specifically looks at a convicted person's Indigenous heritage.

Lawyer Quy Linh said he only learned on Tuesday that Daniel Downey qualified for such an assessment.

Justice Denise Boudreau was surprised by the request.

"I'm a little taken aback given that I'm just finding out this second," she said.

The Crown objected to the request and argued there should be sufficient information in the cultural assessment and a pre-sentence report to allow the case to proceed.

But the judge granted the request and agreed to push Daniel Downey's sentencing back to Oct. 7. Shawntez Downey's hearing to set his parole ineligibility has now been rescheduled to Nov. 21.

'It's very unfair'

The delays did not sit well with McInnis's family.

"It's very unfair," his mother, Catherine McInnis, said outside court. "My life's been on hold, I've lost time from work, I've lost wages. I'm learning to live how I can, the best without my son, but also living my life around court procedures."

McInnis said she has been waiting almost three years for closure and still doesn't have it.

"They can speak to their son on the phone," she said, referring to the Downey family. "They can go for visits. I go for visits to a graveyard. I decorate it for each season. I go celebrate his life every year."

Koresowa said the Crown will recommend Shawntez Downey serve a minimum of 21 years before he can begin applying for parole. She said the sentencing recommendation for Daniel Downey will be seven years.