Teens charged in O’Leary home invasion could be tried as adults

Charges in relation to Jan. 29 incident

Two 16-year-old boys charged in relation to an O’Leary home invasion on Jan. 29 are facing the possibility of being tried as adults. The boys, who are from the West Prince area, made a brief appearance in Summerside Youth Court Thursday afternoon.

Under the Youth Criminal Justice Act, representatives of the Crown, which in this case is John Diamond, are required to serve advance notice to the accused’s defence prior to actually making a request to try them as adults. Diamond said that given the charges, it behooved the court to at least consider trying the accused as adults. The boys are being represented by Trish Cheverie, who told the court that she had not yet had time to consult her clients and requested an adjournment to a later date. The case will be back in court on April 5 for an update. The difference between the adult and youth justice systems is stark in terms of potential jail time for a home invasion conviction. If convicted as youth, they could face a maximum of two years of incarceration, while the equivalent charge, if tried as an adult, carries a maximum sentence of life.

In addition to the two 16-year-olds, there is also a 20-year-old co-accused, Ryan James McCarthy, 20, of Forestview, near O’Leary. McCarthy is facing five charges, including: breaking and entering into a home, covering his face with intent to commit an indictable offence, assault with a weapon – a hammer, assault and theft with violence.

The RCMP is alleging two males wearing masks entered an O’Leary home and confronted the two female occupants. One of the males was armed with a hammer and the other with a small knife.

The women were forced into a room while the two males, one of which is alleged to have been McCarthy, searched the residence for cash.

At some point during the incident, one of the women was struck repeatedly on the head with the hammer. She was later taken to Prince County Hospital via ambulance, treated and released. The second woman was bruised but suffered no serious physical injuries. McCarthy’s next court appearance is scheduled for April 3 in Supreme Court in Summerside.