1st teen sentenced in Kenneth Lee swarming death case gets 15 months probation
The first teenage girl to be sentenced in the 2022 death of Toronto homeless man Kenneth Lee will not face any more time in custody and will instead spend time on probation while participating in a community-based program for young people with mental health issues.
The girl, who pleaded guilty to manslaughter and was 13 at the time of the December 18, 2022 attack in downtown Toronto, was credited for 15 months of effective pre-trial custody and will serve another 15 months of probation under an Intensive Support and Supervision Program, which is designed as an alternative to custody for youth who have been diagnosed with mental health disorders.
Justice David Stewart Rose says the sentence reflects that the teen has taken accountability for her actions by pleading guilty, and experienced institutional malfeasance while in custody, such as being forced to strip naked during searches.
Speaking outside court Monday, defence lawyer Leo Adler said his client had just turned 13 when Lee was attacked.
“If it speaks to anything, it speaks to the difficulty of peer pressure, the difficulty of not going along, and I’m glad that the judge also made a point of saying this was not something that was deliberate,” he said.
“The Youth Criminal Justice Act has a different type of sentencing than adults, and if there’s anything that I hope, I hope that people realize that we do treat 13-year-olds different than we treat anyone who is 18 or over.”
Police have alleged Lee, who was 59 and living in the city’s shelter system, died after he was swarmed and stabbed by a group of girls not far from Union Station.
While delivering the sentence in a Toronto courtroom Monday morning, Rose said this teen did not deliver the fatal wound to the heart that ultimately killed Lee, but said she did join the group in physically assaulting him.
Rose also outlined the teen’s struggles with mental health, including ADHD.
He listed a number of factors in making his decision, including that the teen pleaded guilty without reservation, wrote a letter of apology to Lee’s family and, in his view, has taken accountability for her role in Lee’s death.
Other factors, Rose said, include that the girl has already been held in pre-trial custody for over 200 days, was subjected to strip searches that have been deemed illegal and that she was transferred to remote detention facilities, which limited contact with her family, with little to no notice.
Seven other teens, who were between the ages of 13 and 16 at the time, were arrested and charged in the case.
Three others pleaded guilty in the case — two to manslaughter and one to assault causing bodily harm. Another four are set to stand trial next year, with three on second-degree murder charges and one for manslaughter.
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