EDMONTON- Lawyers for three teens who shot at a house on an Alberta reserve, killing a sleeping five-year-old boy, argued over their sentences in a Wetaskiwin courtroom Wednesday.
Ethan Yellowbird was sleeping in his bed on the Samson Cree First Nation in Hobbema when he was hit in the head by a bullet in July 2011.
The teens, who court heard had troubled childhoods, have pleaded guilty to manslaughter and lawyers have asked for a range of sentences, from six months of open custody to the maximum sentence of three years.
The three teens stood up and spoke in court Wednesday, to apologize to Ethan’s family.
“I was surprised. I didn’t expect that from them,” said Ethan’s mother, Ashley Yellowbird.
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Crown Prosecutor Trent Wilson described the crime as heinous, and “a planned and deliberate act by three people in the darkness of night, with a loaded firearm that kills a small boy… Justice demands a real penalty be imposed.”
Wilson asked that each of the accused- 13, 16 and 17 at the time- receive the maximum youth sentence of three years, with two of those years spent in secure custody.
The defence lawyer for one of the accused says that sentence is not justice.
“There is no way that any sentence imposed by this court could achieve some sort of balance,” argued Laura Stevens.
Stevens believes rehabilitation must come first with youth.
Lawyers for two of the accused want sentences with no more time in secure custody. The third says one more year is appropriate.
Ashley Yellowbird says no sentence will be strong enough to make up for what her family has lost.
“It doesn’t even come close to the life they took away from us. Three years? Even the maximum is nothing compared to what they should get.”
She hopes the teens will be punished forever by guilt.
“I believe they’re going to live with this all their lives regardless of what the courtroom says.”
The judge has reserved his decision. He will issue sentences on May 10.
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