A teen charged in a group attack in April 2022 that left a 16-year-old boy dead has been found guilty of manslaughter.
Justice Gillian Marriott described it as a “tragic case” where the group “effectively swarmed KS.”
The boy, SM, was one of seven charged in the 2022 attack on KS that happened in a field near an Edmonton school.
The youth and name of the school cannot be identified because of a publication ban.
“KS’s last moments on the planet were of terror, fear and he suffered,” said his cousin M.B.
“I’m relieved, I will say just for the verdict, I’m relieved,” she said. “These court appearances are finally going to be over.”
SM’s trial started back in April of 2024.
After eight days of evidence and witnesses presented by the Crown prosecutor, an adjournment was granted because defence lawyer Brian Beresh decided he would also present evidence.
However, Beresh was absent on Tuesday when the trial resumed. In his place was defence counsel Rod Gregory.
“Mr. S does not call evidence,” Gregory said.
Crown Prosecutor Jeff Rudiak then presented final submissions.
He told the court SM was a direct participant.
“We’re not suggesting here that Mr. S is actually the stabber,” Rudiak said.
He went on to say through SM’s actions he was a significant contributing cause of KS’s death.
“We don’t know if Mr. S knew that a knife would be involved. It doesn’t matter,” said Rudiak.
“I respectfully disagree with the characterization of the level of involvement of Mr. S,” Gregory rebutted.
In her ruling, Justice Marriott addressed the year-long delay and the defence not calling evidence after all.
“It’s his right and I draw nothing from it,” she said.
The delay was frustrating for KS’s family.
“He was the first to actually go to trial. He was the first one to plead not guilty, but it’s been the longest one to finish,” said MB.
“It was disappointing. It was. It was a joke. Because this could have been finished a year ago,” she said.
Justice Marriott did find the Crown proved its case beyond a reasonable doubt.
“I find it was a dangerous and an unlawful swarming attack,” said Marriott.
“It is clear and obvious from the video the accused was participating in all the activity,” she said.
After finding SM guilty, Marriott then turned her attention to MB, offering condolences for their family’s loss.
“Now we can move forward and focus on the healing that needs to take place,” MB said while fighting back tears.
“When these trials happen, you start from scratch. You start from day one. You hear the same evidence. You see the same videos, you see the same people. And so now I don’t have to see them anymore,” she said.
MB will have a few more court appearances to get through.
The sentencing hearing for SM will start on Wednesday.
Two other teens also found guilty of manslaughter in a separate trial will be sentenced later this year.
The four other teens have received sentences ranging from a year probation to 18 months in custody for their roles in the attack.
