‘This wound is so deep’: Sentencing delayed for Devan Selvey’s killer
Devan Selvey's family was distraught to learn they will have to wait until April 28 to find out the sentence for Devan's killer.
In a Hamilton courtroom on Friday afternoon, Devan's friends and family audibly groaned - with one crying out come on" - when Superior Court Justice Andrew Goodman announced he was not prepared that day to sentence Devan's teenage killer, who has pleaded guilty to second-degree murder. Goodman cited a busy court schedule, with many upcoming jury trials, as the reason why his sentencing decision would have to wait until April. If an earlier date becomes available, he will sentence the teen then, Goodman said.
Devan was stabbed to death outside Sir Winston Churchill Secondary School in Hamilton's east end on Oct. 7, 2019. Both he and his killer were 14. They did not know each other, but the stabbing occurred shortly after a confrontation between Devan and others - including the killer's brother - over a stolen bike.
In court, Devan's family and friends tearfully read victim impact statements about the pain and suffering they endure more than two years after his death.
The world is darker every day without him," said Devan's sister, Karissa Sullivan Selvey. This wound is so deep I don't think my heart will ever heal fully."
She said she is reminded of Devan every time she looks at her young daughter, who was born shortly after her brother was killed. The two will never meet.
She is a spitting image of him," she said.
Addressing the now-16-year-old killer, who sat in the prisoner's box, Sullivan Selvey said: You get to have a life. After all you've done, you get to live. Do you understand how much pain and suffering you've caused?"
You did this to an innocent boy."
More than 40 people, including Devan's parents and the killer's parents, were in court. The killer, who can not be identified due to the Youth Criminal Justice Act, wore a navy half-zip sweater.
The teen spoke for the first time publicly in court, standing when Goodman asked if he wanted to address the court.
I can never take back what I did that day and I will have to live with it for the rest of my life. I wish we could both go back to our families, but I took that away from Devan," the teen said. I am ready to accept the consequences and I feel I have made good use of my time in custody and I will continue to do so, if not for me, then for the memory of Devan."
The Crown and defence jointly asked for the maximum youth sentence for second-degree murder: seven years, including four in custody and three in custodial supervision in the community. The four years would include 23 months he's already served.
A pre-sentence report, parts of which were read in court, shed light on the teen killer's childhood and upbringing.
He started shoplifting at age eight and was using and selling drugs at age 10. By 14, he was selling heroin, crack cocaine and fentanyl. He had access to firearms, including his father's handgun. He would carry a gun when he sold drugs and once shot it in the air. At age 12, he was routinely" carrying a knife.
His parents struggled with mental health and substance use, and their relationship was marked with violence, court heard.
To say that (the teen) was at risk would be an understatement," said assistant Crown attorney Brett Moodie.
The teen does not, however, have a criminal record. Court has heard he has thrived" in custody. Coming in with zero high school credits, he now nearly has enough to graduate. He has shown willingness to be accountable for his actions and take responsibility.
But Moodie said this was a challenging case."
This was a senseless and profoundly tragic crime, no one disputes that," Moodie said. The two parties didn't even know one another."
With no prior interactions, the killer attacked Devan - who had just fled the bike-related confrontation involving the killer's brother - from behind, stabbing him once in the back, Moodie said, referring to an agreed statement of facts previously read in court.
Devan's mother was nearby and witnessed the attack.
I have become a shell of my former self," said Devan's mother, Shari-Ann Selvey, in her victim impact statement, read aloud by assistant Crown attorney Lisa Ellins. None of our lives will ever be happy again because Devan was our happiness."
Addressing Devan's killer, Selvey's statement read: Your parents will be able to make lifetime memories, be able to hug you, see you become an adult or just watch you make a life for yourself.
Whereas I will forever have a pine box that holds my son, pictures and memories."
The Selvey family had expected to find out the sentence Friday.
A tense moment unfolded after the judge left the courtroom, with a supporter of Devan's family shouting at the killer's family across the room. The man later apologized to court staff and those still present.
Outside court, Selvey said she felt overwhelmed" by having to wait two more months for sentencing.
It's emotionally draining," she said. I just want it to be done with."
Katrina Clarke is a reporter at The Spectator. katrinaclarke@thespec.com