Pair still waiting for legal aid OK
SAINT JOHN - A Saint John man and youth charged with second-degree murder still don't have lawyers.
Scott Arthur Taylor, 20, of Mecklenburg Street, and a 17-year-old male, who can't be identified under the provisions of the Youth Criminal Justice Act, are still waiting for their legal aid applications to go through, provincial court heard Monday.
Taylor, who waved to one of about 30 supporters who packed the courtroom and flashed a grin at another, will return to court on March 26 when a preliminary hearing date is expected to be set.
The youth, who also had several supporters present, but avoided eye contact throughout most of the proceedings, seemingly to avoid laughing, is scheduled to return to court on March 28, when a bail hearing may be scheduled.
The two are charged in connection with the death of 33-year-old Darrell Upshaw of Cole Harbour, N.S.
Upshaw was found in a pool of blood on Mecklenburg Street, near the corner of Sydney Street, on March 11, about 2:30 a.m.
He was pronounced dead on arrival at hospital. A sword was likely involved, according to reliable sources.
Police are still waiting for autopsy results, said Sgt. Kim Phillips of the Saint John Police Force's major crime unit.
Meanwhile, police are continuing to investigate a robbery at Taylor's apartment building at 29 Mecklenburg St.
More charges are pending, said Phillips.
Neither of the accused has elected yet whether they want to be tried by judge alone or judge and jury.
A preliminary hearing will likely be held in the case of Taylor, lawyer Brian Munro told the court. He appeared only as a "friend of the court," but is expected to represent Taylor once his legal aid application goes through.
Lawyer David Kelly, who also appeared as a "friend of the court" on behalf of the youth, waived his right to a bail hearing, but reserved the right to request one during his next court appearance. He expects the youth will make his election at that time, he said.
If the youth is found guilty, the prosecution will be seeking to have him sentenced as an adult, Crown prosecutor Patrick Wilbur has said.
Taylor, whose left arm is still bandaged from his elbow to his fingers, remains in custody at the Saint John Regional Correctional Centre, while the youth is being held at the Miramichi Youth Jail.
Upshaw's death was the city's first homicide of the year.
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Have you ever needed them? How long did you wait? I guesse that depends on rhe Tim Horton's line up, lol.
I know I wouldn't have called and waited for further injury.
If they didn't stop this man, he could've chosen your house as a target next.
Mr. Upshaw got what he came looking for, or did he assume he'd get away with it? Well he knows now, and hopefully his partners in crime will think twice before attempting to bring Saint John Harm
Do you still think there are no reprocussions with the presence of an un-needed "strip" bar. Anyone woman who enjoys entertaining with nudity discloses thier tasteless personality therein. It all replays the 'drug story'.
Saint John should take responsibility for what we brought here that caused such an underground issue.
With the history the police have, for 'causing grief not solution', you'd be amaxed how many 'crimes' go unclaimed.
The police here are self-centered and full of speculation...
As per this incident, Mr.Shaw simply got what he asked for. He willingly put his life at risk!
I am thankful our local boys are still breathing; However, your opinion may have differ If one of ours had been murdered (almost was).
Fact is Mr.Shaw came to Saint John in search of trouble, which he got.
Regardless of the pain and sufferings his family is tending to, he made his choice to come here and put his 'foot in the fire'.
Weither or not the act should've ended in death.... I'm sure his death will save many.
This entire ordeal will make everyone think twice before they invade ones 'rights'. The right to be safe in your home!!!
Read your posting, biasly.
You mother forgot to tell you, 'your rights end where anothers begin', she must've also forgot to tell you not to be a hypocrit.
You are all you expressed dislike for, IRONIC isn't it, lol.
By this I mean you or me.......you think what you think and I'll think what I do!
The only crime is the original crime... Mr.Shaw losts his 'rights of life', when he obstructed theirs... he knew the consequences, he knew 'right' from 'wrong', but continued to violate the 'rights' of another human being.
When one experiences trauma, the bodies entire 'defense' system kicks in. Shock, confusion, fear, anger and obviously pain to a degree that would make childbirth enjoyable..... where do you think your head would be? Definitely not rational or logical, nor compassionate and understanding.
These are young men who have yet to grasp all lifes 'philosophies' towards living a high quality life.
Due to this experience, they have gained 10 years of personal and emotional growth.
I agree letting them free would send out a negative reprocusive message... what a mess