The first teenager to be sentenced in the death of a Toronto homeless man will not face further time in custody, and instead participate in a community-based program.
The girl – who pleaded guilty to manslaughter and was 13 at the time of the alleged December 2022 attack on Kenneth Lee – was credited for 15 months of pre-trial custody and will serve another 15 months of probation under an Intensive Support and Supervision Program.
Justice David Stewart Rose said Monday the sentence reflects that the teen has taken accountability for her actions, that community interventions appear to be working and that she experienced institutional malfeasance while in custody.
He said the teen was forced to strip naked during searches a total of seven times. She was also taken to a remote detention facility far from family, and institutional staff didn’t always take her to court when necessary, he said.
“Further custodial sentence is not necessary to meet the need of accountability,” Rose said, adding that the teen is at the lower end of the range when it comes to the likelihood to reoffend violently.
Police have alleged that Lee, who was 59 and living in the city’s shelter system, died after he was swarmed and stabbed by a group of girls. In his sentencing decision, Rose described what happened as “vicious and cowardly.”
Seven other teens, who were between the ages of 13 and 16 at the time, were arrested and charged in the case.
Three others have pleaded guilty in the case – two to manslaughter and one to assault causing bodily harm. Another four are set to stand trial next year — three for second-degree murder and one for manslaughter.
The girl who was sentenced on Monday had no previous criminal record, court heard.
She faces a 10-year weapons prohibition, must follow mental-health treatment as determined by the supervision program and is not to communicate with her co-accused for the duration of the probation order.
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Her lawyer, Leo Adler, said the teen regrets what happened and noted that she was “treated in ways that were contrary to the guidelines” while in custody.
“She has gone through quite a bit,” he said outside court after the sentencing decision.
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Court had heard earlier from Lee’s brother-in-law, Eric Shum, who had read a victim impact statement at a sentencing hearing for the teenager. Shum had described his family as “distraught” after Lee’s death and said he felt “helpless” in trying to keep his family together in the wake of the loss.
In his sentencing decision on Monday, Rose listed off details about Lee that he had learned: the 59-year-old was known to tell corny jokes; he bonded with younger family members over pizza, chocolate milk and a good game of Monopoly; he told family that his goal in life was to “help people.”
Rose said the teenager had written a letter of apology to the family and shown “genuine insight,” as well as a commitment to “improving herself.”
The judge also raised research around the development of the brain in adolescence as well as teens’ susceptibility to peer pressure in the reasons for his decision.
Later Monday, Rose heard arguments in the sentencing hearing of a second teen who pleaded guilty to manslaughter in the case.
The teen, who was also 13 at the time of the incident, is seeking a reduced sentence in light of conditions she experienced while in custody at two institutions.
Court heard that she was made to strip naked for searches four times in the weeks following her arrest in the Lee case, and another two times while in custody on an unrelated assault charge, for which she has also pleaded guilty.
As part of the sentencing hearing, the teen opted to make a statement in front of the judge. She offered her condolences to Lee’s family, saying she understands “the situation has caused them great pain.”
“I was young, naïve and intoxicated,” she said of her involvement, adding that “does not excuse my actions” but it played a role.
“Looking back, I wish I had done some things to prevent the situation from escalating,” she said.
The now-15-year-old said the aftermath continues to affect her mental health but it is “nothing compared to the pain that has been caused, and for that I am truly and deeply sorry.”
A decision on her sentence is expected at the beginning of October.
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