Boy, 17, elects Supreme Court jury trial on Halifax manslaughter charge
HALIFAX, N.S. — A 17-year-old boy charged with manslaughter in the August death of a Dartmouth man who was assaulted on the Halifax waterfront has elected to be tried by a Nova Scotia Supreme Court judge and jury.
Lawyer Stan MacDonald made the election Thursday in Halifax youth court for the teen, who was not present.
The boy’s identity is protected under the Youth Criminal Justice Act.
MacDonald also asked that a preliminary inquiry be held in youth court.
A preliminary inquiry determines if there is sufficient evidence for a case to proceed to trial in Supreme Court. It is also an opportunity for the defence to assess the strength of the Crown’s witnesses.
Judge Michael Sherar scheduled the preliminary hearing for three days beginning May 6, 2024.
The judge also confirmed he had received correspondence from MacDonald advising the court that the youth’s parents, with whom he is required to live under the terms of his bail order, have moved from Halifax to a new address in East Hants.
Lawyers will return to court in February for a focus hearing in advance of the preliminary inquiry.
Halifax Regional Police responded to a disturbance on the waterfront in the 1500 block of Lower Water Street on Aug. 6 at about 9:40 p.m.
Officers located an unresponsive Davelle Rodney Vance Desmond on the boardwalk. The 26-year-old was transported to hospital, where he died.
A medical examiner conducted an autopsy and ruled the death to be a homicide.
The teen was arrested Aug. 30 after he turned himself in at police headquarters. He was granted bail with the Crown’s consent Sept. 1 and released into the supervision of a responsible person, his father.
The boy must observe a 6 p.m.-6 a.m. curfew. There are exceptions to the curfew if he is in the company of one of his parents or is dealing with a medical emergency or appointment or a legal commitment.
He is prohibited from contacting seven potential Crown witnesses, having any firearms and possessing or consuming alcohol or drugs.
The Crown gave notice during the boy’s first court appearance Aug. 31 that if he is convicted, it could apply to have him sentenced as an adult.
On Sept. 12, the teen was sentenced in youth court on a charge of assault causing bodily harm, from an incident in September 2021 that left an elderly man with broken bones.
He received a three-month deferred custody supervision order, which is like house arrest, to be followed by 15 months of probation. He was also prohibited from having firearms for two years and had to provide a DNA sample for a national databank.
Desmond and his girlfriend were expecting a child. A relative started a GoFundMe campaign to help with funeral costs and for after the baby’s birth.
