Family of teen found guilty in Upshaw death frustrated at courthouse
Published Saturday January 3rd, 2009
Manslaughter | Sentencing set for Feb. 9 in Saint John
SAINT JOHN - Family members of a teen found guilty of manslaughter are angry and confused that an adult also charged in the death of Darrell Eugene Upshaw walked away a free man.
Sentencing for the teenager found guilty of manslaughter in the death of Upshaw of Cole Harbour, N.S., was postponed Friday until a psychological assessment can be completed.
Crown prosecutor Patrick Wilbur said the assessment would be beneficial to the teen because it may allow him to be enrolled in an intensive rehabilitation program.
The teen's defence lawyer agreed.
"It could only benefit the (teen)," David Kelly told the court.
The teenager can't be identified because of provisions of the Youth Criminal Justice Act.
As sheriff deputies led him away Friday, he flashed a peace sign and a subdued smile to about a dozen family members and supporters in the courtroom.
The teenager, who was 17 when he was charged but has since turned 18, will be back in court Feb. 9 for sentencing when a victim-impact statement is also expected to be presented by Upshaw's family.
On March 11, Upshaw was found lying outside 14 Mecklenburg St., mortally injured following a robbery in which he had taken part.
Some time after 2 a.m., Upshaw and two others burst through the doors of apartment 4 at 29 Mecklenburg St. and robbed the occupants.
Upshaw was then chased out of the apartment by two individuals carrying swords and sustained fatal wounds. The injuries included a gash to his head.
A judge found the teen guilty of manslaughter in early December.
On Dec. 23, a jury found Scott Arthur Taylor, 21, not guilty of second-degree murder.
Outside the second-floor courtroom Friday, tempers began to flare.
Family members wanted to know why the teen could be found guilty while Taylor was walking free.
"It's not fair," said the youth's aunt.
"It's not right. You can't have one get off and one sitting in jail."
A man who identified himself as the youth's uncle from Toronto said family members are concerned for the youth's health and safety.
The teen has spent almost 300 days in custody at the New Brunswick Youth Centre in Miramichi.
Outside the courthouse, there was brief confrontation in the parking lot between the uncle and Kelly.
The uncle accused Kelly of not returning calls and questioned the quality of representation his nephew received.
The youth's representation was paid for through Legal Aid New Brunswick.
"Are you threatening me?" Kelly yelled at the man as he tried to leave the parking lot.
The man then stepped away and Kelly drove off.
Later, Kelly said that was the first time he had met that particular family member.
"I know this particular family member was upset over the acquittal of Mr. Taylor," Kelly said. "I have no control over that."
Disabled
Search Articles
More CE Network Sites & Partners:
Comments (1)
All comments are subject to the site Terms of Use. For a full commenting tutorial click here.
Our editorial team relies on filtering technology and our visitor community to identify inappropriate comments. In the event that a site user has submitted offensive content that has evaded our filter, please select the option to Flag As Inappropriate presented within the comment. Thank you for helping to keep this site clean.