A Laval teenager guilty of killing his 15-year-old former best friend in a fight was sentenced Monday to the maximum sentence of three years, most of which will be served in custody, despite his “low risk of recidivism”. “, according to several experts.
Posted at 4:26 p.m.
“The path for Théo* is still long, that doesn’t mean it’s inaccessible. […]. This period appears necessary to complete the work of rehabilitation, but above all of social reintegration, ”concluded Monday afternoon Judge Catherine Perreault at the Laval courthouse. Note that the Crown had waived its claim for an adult sentence.
Now an adult, Théo was only 16 when he caused the death of Max* on 1er January 2020, during a fight at Parc Marc-Aurèle-Fortin in Laval. A few days before the tragedy, the two boys and Max’s brother were however inseparable friends who spent hours playing video games.
The “three musketeers”, however, fell out for “trivialities” while discussing on social networks. The brothers and Theo then began to exchange “threatening” and “violent” messages. This escalation of tensions ended in a fight in a park.
The two brothers were waiting for Theo with three friends in the background, two of whom later joined in the fight. It was the brothers who hit Theo first, knocking the accused down one to three times. However, the judge rejected Theo’s defense of self-defense since the boy showed up with two concealed knives. The other young people were unarmed.
Judge Perreault thus found Theo guilty of manslaughter last March, but acquitted him of the more serious count of first degree murder. According to the judge, Théo struck the blows when he “subjectively believed that force had been used against him”. His intention was limited to “fighting for revenge” for trivial wrongs, not to kill his former best friend, the judge had concluded.
Even today, Max’s death has profound consequences for his family. His brother who participated in the fight said he was “devastated” by the death of his brother, while his mother is “broken for life” by the death of her son, a “kind and sweet” boy.
The prosecution was asking for a custodial sentence of three years, including barely three months on conditional release, while the defense suggested a sentence of 27 months, including 18 months on conditional release. Both are “significant” sentences, according to the judge.
Judge Catherine Perreault finally imposed a sentence of 36 months, including 26 months in closed custody, without taking into account the period of pretrial detention. However, the numerous expert reports are essentially positive and conclude that there is a low risk of recurrence. A psychiatrist argues that Theo has no “delinquency profile”, while a colleague adds that the accused does not identify with “criminalized peers”.
“He is described by all as a polite, committed young man who can understand the established rules and who tries to follow them. […] He gets involved in groups and workshops. His attitude seems positive, ”says the judge, summarizing the reports.
However, according to the judge, the reports have “limits” since Théo presented himself in his best light before the experts. It thus reiterates the conclusions of the youth delegate, the only speaker to conclude that there is a “moderate” risk of recidivism. She is worried about “little progress” since her arrival in Cité-des-Prairies.
Also, the judge underlined Theo’s “disempowerment” with regard to his role in the conflict and his lack of reflection. However, according to a psychologist, Theo expresses remorse and empathy and takes a “significant” part of the responsibility in the affair, even if he always evokes self-defense.
Me Marie-Eve Vautier and M.e Marie-Ève Dubeau represented the public ministry in this case, while Ms.e Guy Poupart and M.e Sarah Tricoche defended the accused.
*fictitious names