3 Belvedere assault accused likely to be tried as adults
CBC News | Posted: September 7, 2000 8:49 AM | Last Updated: September 7, 2000
Three of the four youths charged in that brutal beating and sexual assault last weekend will likely face trial in adult court. It's an automatic procedure when children over fifteen are charged with very serious crimes.
Now, it's up to defence lawyers to file application if they want to argue the teens should be tried in youth court. In the meantime, reality is sinking in for the accused and their families.
The brutal attack happened at the Belvedere cemetery last weekend. The beating and sexual assault so severe, it can only be described as torture. The 16 year old victim barely managed to crawl out to the roadway and, according to the police, avoid dying out of sight. His last six days have been spent in Intensive Care at the Health Sciences Centre.
The four teens charged with aggravated sexual assault and robbery with violence have spent nearly the same amount of time in the lockup.
Marc Evans represents one of those boys, none of whom can be named because of the Young Offenders Act. "He himself is a little disoriented by the situation he finds himself in," says Evans, "He's nervous. He's in unfamiliar surrounding and he's only a kid. He's pretty upset and afraid."
They should be. Three of the older teens accused of the Belvedere Cemetery attack will have their cases bumped up to adult court. They could face a maximum sentence of life in prison if convicted of aggravated sexual assault.
It's a reality that is sinking in with the families of the accused. In court, friends and family of the boys are showing they are devastated as well. "They're very upset. They're a little bewildered by the process," says Evans, "It's been a lot to have happened in a short period of time and they're still trying to come to terms with it, I guess."
In the meantime, the two seventeen year olds charged in the attack will try to get released on bail next week. "(Are you not concerned about his safety?) It's a concern. It's a concern of mine and it will be a concern of the court," says Evans, "Right now, my client finds himself in a very frightening position and I think it's less of a concern for him at this point."
If there is one bit of good news in this story, it's that the victim's health is said to be slowly improving.