GEORGETOWN, P.E.I. — A 17-year-old youth has been sentenced to custody, community supervision and probation for providing false statements and misleading police in relation to the death of Tyson MacDonald.
The youth appeared in Youth Justice Court in Georgetown on April 19 for sentencing. He pleaded guilty on Feb. 22 to willfully obstructing an RCMP officer with false or misleading statements and public mischief for misleading an RCMP officer to continue an investigation by giving false statements.
With those guilty pleas in place, the remaining charges – first-degree murder, interfering with human remains and being an accessory after the fact – were stayed by the Crown.
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Another youth charged with first-degree murder and interfering with human remains is scheduled to be back in youth court on June 6. He has yet to enter pleas on the charges.
The false and misleading statements were about the last time the youth sentenced April 19 saw 17-year-old Tyson.
According to an agreed statement of facts, the youth said that he, the co-accused and Tyson were supposed to go to a hockey game in Charlottetown the previous evening on Dec. 14.
The youth said to police that Tyson didn't go to the hockey game but was instead dropped off on a rural road in Caledonia to meet up with an unknown female waiting in a dark-coloured Honda Civic. The girl was supposed to drop Tyson back at his vehicle in the parking lot at Montague Regional High School.
The court heard that instead, the co-accused, who was also 17 years old at the time of the offence, allegedly shot and killed Tyson on the night of Dec. 14 and dumped his body in an area off the Line Road in Kings County.
On Dec. 20 at 2:57 a.m., the RCMP located Tyson's remains at that location.
The two youth were arrested on Dec. 19.
The youth in court on April 19 previously told police that he was fearful of what might have happened from the co-accused if he did not lie to police and go along with the false story.
The RCMP and community members searched for Tyson for five days until his remains were found. The RCMP also issued a press release asking the public for information about Tyson’s whereabouts and provided a description of the female and her vehicle.
Tyson and the co-accused attended Montague Regional High School.
Publication bans under the Youth Criminal Justice Act were put in place preventing the release of information that could identify the co-accused as well as the victim. An exception in the act allows the media to publish the victim's name so long as the family consents. On Feb. 22, SaltWire received consent from the family to name the victim.
On April 19, eight victim and community impact statements were read in court and two more were filed.
Tyson’s sister described him as having a kind soul and being funny. She said that Tyson would have forgiven the youth. Even so, she didn’t forgive him for the crimes he committed and the hours wasted searching for Tyson that could have been avoided if the accused had told the truth.
Defence lawyer Derek Bondt said his client is expected to finish Grade 12 at the P.E.I. Youth Centre and is planning to apply for post-secondary studies when he is released from custody.
The youth, who did not have a prior criminal record, addressed the courtroom full of Tyson’s supporters and family. The youth’s family members were also in the courtroom. In handcuffs and leg shackles, he said he was, "truly sorry for the harm" he caused. He added that if he could go back and do things differently, he would.
Judge Nancy Orr accepted a joint recommendation from Crown attorney Jeff MacDonald and Bondt and sentenced the youth to four months in open custody and two months of community supervision for public mischief.
She also sentenced him to two months in custody and one month of community supervision for obstructing a police officer in an investigation. The sentence also includes 12 months of probation. The youth was credited with four months already served in custody since his arrest on Dec. 19.
Terrance McEachern is a reporter with SaltWire in Prince Edward Island.
