18-year-old suspect in officer's death awaits bail decision
The teen charged with first-degree murder in the traffic-stop death of Calgary police Sgt. Andrew Harnett will learn next week whether he'll be freed on bail pending trial.
Youth court Judge Steve Lipton said he will decide Jan. 28 whether the suspect is a suitable candidate for judicial release.
Lipton heard further submissions Wednesday from Crown and defence lawyers on whether the now-18-year-old should be released or held in custody until his case makes its way through the courts.
Crown prosecutor Doug Taylor is seeking the accused's detention, while defence counsel Kaysi Fagan is asking Lipton to grant him bail.
At Fagan's request, Lipton imposed a publication ban on the hearing, which began Tuesday.
The lawyers provided lengthy submissions and evidence on Tuesday before the judge and resumed their arguments Wednesday.
The teen, who was 17 at the time and can't be named under provisions of the Youth Criminal Justice Act, is charged with first-degree murder in the New Year's Eve death of Harnett, who was dragged to his death by a vehicle fleeing a traffic stop.
An adult suspect, Amir Abdulrahman, who police allege was a passenger in the vehicle, is also charged with first-degree murder.
Under the Criminal Code, the murder of a police officer is automatically elevated to first-degree, even if there is no planning and deliberation.
Taylor has given notice of the Crown's intention to seek an adult sentence if the youth is convicted, although it could still decide not to follow through with that application.
If sentenced as an adult, he would be subject to an automatic life sentence without parole eligibility for 10 years. An adult convicted of first-degree murder would get life without parole for a minimum 25 years.
If the accused is convicted but sentenced as a youth, he would face a maximum sentence of 10 years with no more than six years of custody and the remainder under community supervision.
During the two-day hearing, the teen sat quietly and attentively in the prisoner's box as evidence and arguments were presented.
His mother, seated in the courtroom gallery, had the proceedings translated for her into French by a court-appointed interpreter.
Because of COVID-19 restrictions, attendance in the courtroom was limited to a handful of observers, including three members of the Calgary Police Service and two media representatives.
Outside court, Fagan acknowledged the fact the deceased is a police officer complicates the case for her client.
“When the police kill someone it takes a year to investigate it, maybe there are charges laid, maybe there aren't,” she said.
“Here we've got a first-degree murder charge laid against a youth within 12 hours, so I think it's a bit of a double standard. Certainly, the fact than an officer was killed here is concerning to the public and, obviously, it's going to be very divisive.”