The teen who admitted to fatally stabbing Devan Selvey outside of his east Hamilton high school more than two years ago will not be sentenced until the end of April.
Following a one-day sentencing hearing on Friday, Justice Andrew Goodman announced that he would need more time to render his decision and, due to jury cases starting back up next week, is unavailable to deliver the sentence until April 28.
The youth, who can’t be identified under a court-ordered publication ban, pleaded guilty to the second-degree murder of 14-year-old Devan in November last year.
The crown and defence have jointly asked for a sentence of seven years, which is the maximum for second-degree murder under the Youth Criminal Justice Act.
That sentence would include four years in custody (minus time already served) and three years of intensive rehabilitation.
Speaking to reporters outside the courthouse on Friday, Shari-Ann Selvey said the prolonged wait to learn the fate of her son’s killer is “emotionally draining”.
“Today, we were expecting to get an answer … now we have to wait another two months to get that answer,” she said.
Court heard victim impact statements from several of Devan’s friends and family during the sentencing hearing, including Shari-Ann — although hers was read aloud by one of the Crown attorneys.
“Of all the choices you had that day, you chose to murder an innocent kid,” read assistant Crown attorney Lisa Ellins.
“The fact that you will get a second chance hurts beyond understanding because Devan will never be able to spend time with family, friends, or have anything good in life, but you will.”
Devan’s sister Karissa read her own victim impact statement aloud to the court, pausing several times as she spoke through tears.
“I can’t watch certain movies, hear songs or even play my favorite games without having a mental breakdown, because I see him or hear him. I struggle to look at my daughter — who he will never meet — in the eyes most days because she’s the spitting image of him. You made all this. Devan was so excited to meet my daughter, more so than me some days, and you ripped that away, over what? Nothing.”
The youth, now 16, was 14 when he fatally stabbed Selvey outside of Sir Winston Churchill Secondary School on Oct. 7, 2019.
Specific details related to the teen’s identity cannot be revealed, but court heard that he had a troubled childhood, fraught with trauma and instability, surrounded by violence, crime and drugs.
Defence attorney Lindsay Daviau echoed those sentiments in her submissions, saying that the teen has “thrived” in custody and is working on his education — something she maintains never would have happened if he hadn’t been arrested.
The youth stood up and addressed court toward the end of the hearing, acknowledging that he cannot take back what he did and that he is ready to accept the consequences of his actions.
Shari-Ann said she hopes the judge considers the impact statements that were read during Friday’s proceedings, as well as the lasting impact of what Devan’s death has meant for so many people.
“When are we going to make the changes that need to be changed so that we don’t have … another situation like this?” she said outside the courthouse.
“How do we make this any better? We can’t unless we change what’s happening.”
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