Guilty pleas to second-degree murder in Harley Lawrence case

“I hope the family can find some closure,” Daniel Wayne Surette said as he left Kentville Supreme Court Feb. 23 after pleading guilty to second- degree murder of Harley Lawrence.

The defence counsel for Surette, 27, of Waterville, and co- accused Kyle David James Fredericks, 30, of North Kentville, waived the preliminary inquiry on behalf of their clients during an appearance in Kentville provincial court. Public defender Ken Greer, who represented Fredericks, and defence lawyer Geoff Newton, who represented Surette, agreed midway through the inquiry that there was sufficient evidence for committal to stand trial on murder charges.

The proceedings were moved into Supreme Court, with Judge Gregory Warner presiding, where both accused pleaded not guilty to firstdegree murder charges. Surette and Fredericks did plead guilty to second-degree murder.

The matters have been adjourned to April 28 for sentencing. Both coaccused have agreed to being remanded in custody until then.

Very emotional: victim’s brother

Ron Lawrence, Harley Lawrence’s brother, said it was “very emotional” for the family to hear the guilty pleas. Lawrence offered no comment in response to Surette’s statement that he hoped the family would find closure.

Lawrence said he knew “something was up” leading into the Feb. 23 court appearance but didn’t know for certain that Surette and Fredericks would be pleading guilty.

“We’ve been preparing ourselves for the outcome, so you just take it one day at a time,” Lawrence said.

Harley Lawrence died on Oct. 23, 2013, in a bus shelter fire on Commercial Street in Berwick.

Second-degree murder carries an auto- matic life sentence, with no chance parole for between 10 and 25 years.

“I gave careful thought on (the second degree murder plea) and the thing is, they’re the ones who really know what they did. They’ll be looking over their shoulder for the rest of their life and they’ ll be held responsible,” Lawrence said.

The facts of the case

of Crown Jim Fyfe said an agreed statement of facts, about 17 pages long, would be filed with the court detailing what happened the night Harley Lawrence was burned to death in a Berwick bus shelter in October 2013.

Fyfe said Fredericks and Surette left Surette’s home in Berwick and walked through town, past where Lawrence, a homeless man, was sleeping in a bus shelter. They went to the Irving gas station, where Fredericks pumped $10 worth of gas into a plastic jug. Surette went inside and paid for the gas. They met up and continued back down the street to the bus shelter.

“They, at some point, made a decision, I’m not sure, it’s unclear whether it was before they bought the gas or after, that they were going to burn this man,” Fyfe said. “They went across the street, they poured gasoline on him and they lit him on fire.”

Fyfe said the co-accused had indicated that they thought Lawrence might be a police informant or an undercover police officer.

“They viewed him as a bum, they viewed him as a possible rat or a nark,” Fyfe said. “That seems to have played some part in their eventual decision to do this horrific act.”

Fyfe said there is “overwhelming” and “strong” evidence against Surette and Fredericks, including surveillance footage from several businesses in town showing two figures walking towards the gas station and video of Surette going into the gas station.

Surette’s mother identified him in the gas station video, Fyfe added.

There is also a video of the co-accused walking back toward the bus shelter, “almost to the point where the fire takes place,” Fyfe said.

“There is actually a shot on the video where you can see an orange flash coming from the left side of the video.”

Fyfe discussed the guilty pleas to second-degree murder charges with his colleagues and they decided these were “appropriate” pleas to accept, “particularly in light of what we are going to be recommending. There is going to be a joint recommendation.”

Fyfe wasn’t prepared to say what the joint recommendation will be before it’s presented in court but it will likely be in excess of the 10-year minimum.

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