Sentencing postponed in manslaughter case
Published Saturday January 3rd, 2009
Justice Teenager convicted in the slaying of Nova Scotia man returns to court Feb. 9
SAINT JOHN - Sentencing for the teenager found guilty of manslaughter in the death of Darrell Eugene Upshaw of Cole Harbour, N.S., was postponed Friday until a psychological assessment can be completed.
Crown prosecutor Patrick Wilbur said the assessment would be beneficial to the teen because it may allow him to be enrolled in an intensive rehabilitation program.
The teen's defence lawyer agreed.
"It could only benefit the (teen)," David Kelly told the court.
The teenager cannot be identified because of provisions of the Youth Criminal Justice Act.
As sheriff deputies led him away, he flashed a peace sign and a subdued smile to about a dozen family members and supporters in the courtroom.
The teenager, who was 17 when he was charged but has since turned 18, will be back in court on Feb. 9 for sentencing when a victim impact statement is also expected to be presented by Upshaw's family.
On March 11, Upshaw was found lying outside 14 Mecklenburg St., mortally injured following a robbery he had taken part in.
Some time after 2 a.m., Upshaw and two others burst through the doors of apartment 4 at 29 Mecklenburg St. and robbed the occupants. Upshaw was then chased out of the apartment by two individuals carrying swords and sustained fatal wounds. The injuries included a gash to his head.
A judge found the teen guilty of manslaughter in early December.
On Dec. 23, a jury found Scott Arthur Taylor, 21, not guilty of second-degree murder.
Outside the second-floor courtroom Friday, tempers began to flair. Family members wanted to know why the teen could be found guilty and Taylor was walking free.
"It's not fair," said the teenager's aunt. "It's not right.
"You can't have one get off and one sitting in jail."
A man identifying himself as the teen's uncle from Toronto, said family members are concerned for the teenager's health and safety. The teen has spent almost 300 days in custody at the New Brunswick Youth Centre, located in Miramichi.
"There's a lot of questions," the uncle said.
Outside the courthouse, there was brief confrontation in the parking lot between the uncle and Kelly.
The uncle accused Kelly of not returning calls and questioned the quality of representation his nephew received. The teenager's representation was paid for through legal aid.
"Are you threatening me?" Kelly yelled at the man as he tried to leave the parking lot. The man then stepped away and Kelly drove off.
Later, Kelly said that was the first time he had met that family member.
"I know this particular family member was upset over the acquittal of Mr. Taylor," Kelly said. "I have no control over that."
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