Swan killer pleads guilty to lesser charge, walks free

Michael Swan’s grieving family has been spared a fourth murder trial after one of their son’s killers pleaded guilty on Tuesday to manslaughter in the 2010 home invasion that left the Barrhaven teen dead on his bedroom floor.

Swan, 19, was shot in the back at point-blank range after he was forced to his knees at gunpoint by three masked intruders from Toronto. The bullet pierced a lung and his heart.

He was murdered next to his girlfriend, who was also on her knees. They were watching Olympic hockey when the intruders stormed into the bedroom just after midnight on Feb. 22, 2010.

After the killing, the so-called Toronto 3 looted Swan’s Barrhaven home, stealing his marijuana, money, NHL video games and cellphones, including Swan’s girlfriend’s phone. It was that phone that led to the quick capture of Kristopher McLellan, the shooter, and accomplices Dylon Barnett and Kyle Mullen. Police arrested the trio as they were driving back to Toronto on Highway 401 just west of Brockville.

Swan was executed in what the court has described as a tragic and senseless killing driven by greed.

His family was bracing for yet another gruelling trial. Kyle Mullen was originally convicted of second-degree murder but won a new trial after the appeal court ruled the trial judge made serious errors. Mullen, now 29, was expected to go on trial next week but pleaded guilty to the lesser offence of manslaughter.

Superior Court Justice Hugh McLean sentenced him on Tuesday to time served and Mullen, who had been in custody since his 2010 arrest, walked out of the Elgin Street courthouse a free man.

Mullen has expressed remorse and agreed to a statement of facts read out in court that not only implicated himself — he supplied the handgun — but also Sam Tsega, the mastermind of the home invasion, who was convicted of manslaughter for planning the robbery that led to Swan’s murder. Tsega was sentenced to nine years in prison but has since won an appeal and is free on bail awaiting a new trial.

The suspended sentence (time served) was a joint position by both defence and the Crown, and it was approved by the judge.