Dorval teen who killed brother released for holidays

A 13-year-old boy who fatally shot his 16-year-old brother last winter has been granted release in time to be home with family for the holidays.

13-year-old boy must abide by court-ordered conditions

Montreal police investigate the shooting death of a 16-year-old in Dorval on Jan. 24, 2013. (CBC)

A Dorval teen who killed his older brother last winter has been granted release in time to be home with family for the holidays. 

A youth court judge ordered the 13-year-old boy be released into the care of a cousin.

His release comes with conditions, including that he not leave the house unless accompanied by his cousin or her husband. 

Prosecutor Marie-Claude Bourassa says whether or not the boy abides by these conditions will be up to the boy and his family.

"Right now, it's going to be a question of how the youth is himself dealing. I'm not an expert on that — the doctor said it will be stressful for them," said Bourassa, adding that it's significant that an adult other than a parent was willing to take responsibility for him.

The boy pleaded guilty in September to criminal negligence causing death in the January 2013 shooting of his 16-year-old brother.

He cannot be identified because he's a minor. 

His sentencing was delayed pending the completion of a psychological report. 

"When the doctor testified, it's only an interim report. We're going to have the full picture — we're going to have the predisposition report, then we can make a decision in light of those reports," Bourassa said.

The teen's defence lawyers had asked for him to spend the holidays at home on humanitarian grounds as he awaited sentencing. 

The Crown argued the boy is still a risk to society and nothing has changed since the last time the judge ruled against his release.

The prosecution says it will seek a sentence it deems appropriate.

Sentencing arguments are set to resume in February. 


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