Crown wants Jimmy Melvin Jr. declared dangerous offender
Convicted for role in thwarted murder plot
The Crown has decided to apply to have Jimmy Melvin Jr. declared a dangerous offender and locked up indefinitely.
The notorious Halifax crime figure is awaiting sentencing on charges of attempted murder and conspiracy to commit murder.
Melvin, 36, appeared in Nova Scotia Supreme Court on Thursday after undergoing a dangerous offender assessment by a forensic psychiatrist from British Columbia.
The report, ordered by Justice Peter Rosinski on July 18, was received by the court last week.
“We’ve made the decision that we are seeking a dangerous offender designation,” Crown attorney Sean McCarroll confirmed.
He told the court that lawyers for both sides need time to review the report, absorb its contents and figure out how much time will be needed for the dangerous offender hearing.
“Our general sense at this stage is the hearing itself will probably take about two weeks,” McCarroll said.
Rosinski scheduled the case to return to court Oct. 11 to set dates for the hearing.
Michelle James, one of Melvin’s lawyers, said the defence should know by then whether it plans to call any expert evidence at the hearing.
McCarroll said the Crown will contact Dr. Shabehram Lohrasbe, who performed the assessment, to see when he’s available to testify.
A jury found Melvin guilty last October for his involvement in a thwarted plot to kill Terry Marriott Jr. in 2008.
Jurors heard that Regan Henneberry gave Melvin and Jason Hallett a drive to Derek MacPhee’s house in Harrietsfield on the night of Dec. 2, 2008, with the intention of murdering Marriott, who was there drinking alcohol and snorting cocaine.
Melvin and Hallett had two loaded guns with them in the vehicle, the trial was told.
Henneberry testified that he stopped and turned the vehicle around after seeing police cars at MacPhee’s house. MacPhee had called police after Henneberry allegedly tipped him off about the plan to kill Marriott.
Hallett received immunity and money for testifying against Melvin. The charges against Henneberry were later dropped.
Marriott was shot to death in February 2009 at the age of 34. Melvin was acquitted of first-degree murder at trial in the spring of 2017.
Melvin has more than 60 adult convictions on his criminal record. He was recently sentenced to two years in prison after pleading guilty to a dozen charges stemming from altercations with correctional officers at various Nova Scotia jails.
At the request of the defence, the judge said he would recommend that Melvin be housed in the mentally ill offender unit at the East Coast Forensic Hospital in Dartmouth rather than at the neighbouring Central Nova Scotia Correctional Facility.
“There would certainly seem to be some significant foundation, it’s my submission, in the report for such a request, given the diagnoses that are contained in that report,” James told the judge.
“I don’t have any difficulty making a recommendation to that effect, subject to overriding security or public-interest matters,” Rosinski said. “Of course, correctional services will determine it.”
James said her client has attempted to access psychiatric services while behind bars “and has been having some difficulties in that regard. We’re hopeful that the recommendation of the court that he be housed in the mentally ill offender unit would perhaps encourage corrections to let him avail himself to some of those services.”
Melvin thanked the judge. But before he was led away by sheriff’s deputies, he predicted the judge’s recommendation will be ignored.
“Judges’ orders are not being followed,” Melvin said. “I want it known.”
If Melvin is found to be a dangerous offender, the judge will order him imprisoned indefinitely unless the court is satisfied that a lesser measure will adequately protect the public. The lesser measure would be a determinate sentence with or without long-term supervision in the community for up to 10 years after his release from prison.