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CALGARY - The Calgary teen who fatally stabbed another through the heart with the victim's own knife wasn't acting in self-defence, a judge ruled yesterday.
Youth court Judge Steven Lipton said the admitted killer was the aggressor throughout an altercation in a northeast parking lot, which left a 17-year-old boy dead.
"On July 30, 2008, a troubled young teen lost his life," Lipton said of the victim, who had a prior criminal history.
"On the same day, another teen, with no prior record and with his entire life ahead of him, made a tragic mistake for which he must now be held accountable," Lipton said.
He found the accused, now 18, but 16 at the time of the killing, guilty of second-degree murder.
Under provisions of the Youth Criminal Justice Act neither the convicted teen nor his victim can be identified.
Lipton rejected defence lawyer Balfour Der's argument his client was simply defending himself when he got hold of the other teen's knife and then stabbed him in the chest.
He found the accused had chased after the victim after seeing him in the parking lot of the TransCanada Mall with a group of his friends in tow.
He and his friends then cornered the "defenceless" victim, and instead of retreating, Der's client struck the fatal blow, Lipton said.
"The accused was the aggressor throughout this incident," the judge said.
"There is absolutely no basis for me to consider the defence of self-defence or the defence of accident," Lipton said.
"There is no 'air of reality' to the accused's case."
Outside court, the victim's mother was too distraught to comment.
"I can't right now, I'm just too upset," she said, holding back tears.
The killer will now undergo a risk assessment and have a probation report prepared.
At Crown prosecutor Bina Border's request, Lipton revoked the teen's bail.
Der said he will be seeking a youth sentence for his client, while Border will decide on Monday whether to ask that he be punished as an adult.
As a youth, the maximum sentence Lipton could impose is four years of custody and three of community service.
The adult penalty for a 16-year-old convicted of second-degree murder is life in prison without parole for a minimum seven years.
KEVIN.MARTIN@SUNMEDIA.CA