Devan Selvey’s killer gets seven-year sentence, including four years in custody

The teen who pleaded guilty to second-degree murder in the death of Devan Selvey has been sentenced to four years in custody, which includes two years he's already served, and three years custodial supervision in the community.

Devan's mother, Shari-Ann Selvey, wept as the judge read out the sentence Thursday.

The teen, who cannot be named due to the Youth Criminal Justice Act, attended court wearing a royal blue sweatsuit. He stood as Superior Court Justice Andrew Goodman read out the sentence, which was the same sentence jointly requested by the Crown and defence.

Devan was fatally stabbed outside Sir Winston Churchill Secondary School in Hamilton's east end on Oct. 7, 2019. Both he and his killer were 14 years old at the time. They did not know each other.

More than two dozen people attended court, including Devan's mother and sister and the killer's family. The families sat on opposite sides of the room.

As the judge concluded the sentencing, a supporter of the Selvey family cried out and voiced her displeasure at the sentence - specifically the fact the teen will spend only two more years in custody. A police officer stepped in to talk to her as Goodman and the killer's family quickly left the courtroom.

Shari-Ann Selvey did not want to speak with reporters after the hearing. Friends of the family said she was too upset.

Outside court, speaking on behalf of the Selveys, family friend Brian Allen called the sentence a slap in the face."

It's disgusting," he said. Somebody really needs to change this Youth Criminal Justice Act and make kids accountable for what they do."

The seven year sentence, including the four years in custody, is the maximum for such a crime under the Youth Criminal Justice Act. The judge however had discretion on whether or not to include the two years of time served.

Factors Goodman said he considered in his sentence included: the teen pleading guilty, showing remorse for his actions, earning high school credits in custody, suffering from a generalized anxiety disorder, and growing up in a troubled environment.

Court previously heard that the teen 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, according to a pre-sentence report.

To say that (the teen) was at risk would be an understatement," said assistant Crown attorney Brett Moodie.

However, Goodman also considered the callousness" of the crime.

He left Devan on the street fatally wounded," Goodman said, noting the teen stabbed Devan in the back and then fled, later discarding the murder weapon, a knife.

Leaving the courthouse with tears in her eyes, Selvey hugged Allen.

I'm never going to be OK," she said.

Katrina Clarke is a reporter at The Spectator. katrinaclarke@thespec.com