12-year-old shooting suspect can attend brother's funeral
Published Tuesday, January 22, 2013 8:52AM EST
Last Updated Tuesday, January 29, 2013 4:57PM EST
The 12-year-old Dorval boy accused of killing his older brother with a handgun will be allowed to attend his brother’s funeral.
Lawyers determined unspecified conditions so that he would be able to pay his respect to the 16-year-old, who was shot and killed in their Dorval home last Monday.
"It's not a special permission, actually what it is (granted) for is compassionate reasons or humanitarian reasons," said Crown prosecutor Marie-Claude Bourassa.
"What was discussed today in front of the judge is just to make sure that the court takes notice of the conditions."
The boy’s legal team appeared in youth court Tuesday, where they withdrew a request for bail.
Crown prosecutors have charged the younger boy with manslaughter and possession of a prohibited weapon.
The boy cannot be named under the Youth Criminal Justice Act. His brother's identity can also not be revealed for the same reason.
The boy is currently under the care of youth protection and will be accompanied by two employees for a predetermined period of time.
His family indicated through lawyers last week they wanted the accused freed so they could grieve together.
The boy appeared unmoved as he appeared for a third time since his arrest. One of his lawyers, Karine Doherty, told the court the defence wasn't prepared to proceed with bail Tuesday. They asked for postponement to a later date when they'll make the request.
More evidence was disclosed in the case and Doherty said they needed more time to prepare for bail.
Police did not offer any details of the shooting, but Crown prosecutor Marie-Claude Bourassa said “the evidence doesn’t show it’s an accident” and that’s why a manslaughter charge was laid.
Bourassa did not reveal the suspected circumstances.
He faces a maximum sentence of three years in youth detention.
"We objected to his release today based on the gravity of the offences and because of the information that we have as of now," Bourassa said after the boy's court appearance.
The next date in the criminal case is Feb. 8, when a bail hearing may be set.
The Crown has said it will continue to oppose bail whenever it is requested.
"Under the law, specifically when a firearm is used, it's the gravity of the offence and the situation of the youth (that's considered)," Bourassa said.
The accused also agreed to not speak to four people somehow linked to the case and who may testify at an eventual trial.
Prosecutors said they couldn't recall a case with someone as young as 12 being charged with killing someone with a gun.
With files from The Canadian Press
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A 16-year-old was fatally shot Monday night in Dorval. His 12-year-old brother is facing manslaughter charges.
A 16-year-old boy has been fatally shot in Dorval. His 13-year-old brother said he accidentally shot him. (PHOTO: CTV Montreal/Cindy Sherwin)