Teen pleads guilty to weapon possession relating to Devan Selvey murder case

The oldest of two brothers charged following the October 2019 stabbing death of 14-year-old Devan Selvey walked out of Hamilton court Friday after pleading guilty to a single weapon offence.

The 18-year-old was handed a suspended sentence, plus 15 months' probation after pleading guilty to possession of a prohibited weapon. He was arrested near the murder scene carrying brass knuckles.

The teen cannot be named to protect the identity of his 14-year-old brother, who remains in custody charged with first-degree murder.

The 18-year-old was initially charged with first-degree murder and spent 68 days in custody before the prosecution withdrew the charge.

Nearly a dozen members of Selvey's family gathered in court to hear the verdict, crying and embracing in the hall afterward.

In delivering her verdict, Ontario Court Justice Martha Zivolak thanked the family for being there.

There is nothing I can say or do in these proceedings that can address that loss," she said.

Selvey's family and friends seek answers in criminal justice system ... but that will not occur in these proceedings."

While the 18-year-old's charge is related to the events that unfolded outside Sir Winston Churchill Secondary School Oct. 7, 2019, the weapon charge is not directly related to the murder.

Selvey's family, including his mom, Shari-Ann Selvey, wept and hugged each other in the hall following the verdict.

Shari-Ann was too overcome to speak with reporters, but her cousin, Brian Allen, said the family was disappointed in the sentence.

This is very hard, very emotional," Allen said, adding he wanted to be cautious not to say too much because they don't want to jeopardize the upcoming murder trial.

I didn't see any remorse from him."

It's important the family always attend these hearings to seek justice for Devan and support Shari-Ann, he said. We're all in this together."

Devan's sister, Karissa Selvey, said it was important to continue remembering her brother. The family still visits his favourite trail at least once a week and watches his favourite movies.

He's constantly with us," she said.

In court, the prosecution had asked for a suspended sentence and 18 months' probation. The defence wanted a conditional discharge, which would have meant no criminal record, and six months' probation.

Zivolak noted a conditional discharge would be in the best interests of the 18-year-old but contrary to public interest.

It would send a message that it's OK to allow young people to arm themselves ... to bring weapons near schools."

Crown prosecutor Brett Moodie argued the only purpose of carrying brass knuckles is to hurt someone.

However, the teen's defence lawyer, Jordana Goldlist, said he carried brass knuckles that day not because he was looking to hurt someone, but out of fear and to protect himself after he was the victim of a robbery and horrific" assault.

That's not a justification or excuse," Goldlist said. But an explanation for the courts to understand why ... he did have brass knuckles."

The teen had only recently turned 18 and had no criminal record. He spent 68 days in adult custody, including transfers to three detention centres. He spent upwards of a week in isolation in his cell and was on suicide watch twice. He was released on bail after the murder charge was withdrawn.

After his release, he sought counselling to deal with the trauma.

The teen, who also had family support in court, has a Grade 10 education, but has gone back to school and has a job.

It is clear this is a young man who most certainly has the potential for a bright future ahead," Goldlist said.

According to the agreed statement of facts read in court, a little over a month before the murder, Selvey's bike was stolen, and he and friends were threatened. The 18-year-old was not involved in this.

But that is part of what led to a confrontation between two groups of teens and several parents near the school Oct. 7, 2019.

The 18-year-old sprayed bear spray in the face of one of Selvey's friends and the group dispersed.

Selvey followed, with his mom trailing him in her car. The 18-year-old tried to ask some construction workers for a ride, but was turned down.

Court heard another teen pulled out an extendable baton and told Selvey to back off. Soon afterward, the 14-year-old allegedly came around his mom's car and stabbed Selvey in the back.

The 18-year-old also faced charges of assault with a weapon and administering a noxious substance, but those were withdraw in exchange for his guilty plea Friday.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com