A 15-year-old boy who faces 14 charges, including attempted murder, in connection with the shooting of a tourist from Germany in August has been granted bail with a number of conditions.
A bail application was made on Wednesday and the presiding judge granted the request on Thursday. Bail was set at $2,500 cash and the accused was released in the hours that followed.
The teenager, who cannot be named under provisions of the Youth Criminal Justice Act, is accused of shooting 60-year-old Horst Stewin in the head on August 2, 2018 on Highway 1A near Morley.
Stewin was driving an SUV when he was shot by someone in a passing vehicle. The tourist was transported to hospital in critical condition and has since returned to Germany to continue his recovery from his injuries.
The suspect, a resident of the Stoney Nakoda First Nation, was arrested on August 24 and charged with 14 criminal offences in connection with the shooting incident. The charges against the teen include attempted murder, discharging a firearm, and possession of a prohibited firearm.
Balfour Der, defence lawyer, says there is precedent for granting bail to a minor without a criminal history. “It’s rare for young offenders to be detained but it can happen based on a number of circumstances including seriousness of the crime, the record of the young offender, if they have,” said Der. “There’s a number of factors that go in there but generally courts try to release young offenders because they recognize jail isn’t a good place for them to be.”
Der says his client was pleased with the bail decision, and the family of the accused feels a sense of relief, as the teen has been in custody for several weeks and has grown quite anxious.
The teenager will reside with his grandmother and will be required to remain in the home around the clock. Exceptions will be made to allow the boy to attend school, attend medical appointments, and play hockey as long as he is being supervised by his father or a grandparent.
“He’s out and, being a free person, he’s subjected to 14 different conditions including 24 hour house arrest unless at school or in company of adult so he’s not walking free,” said Der. “Out of custody but under house arrest.”
Der says it has yet to be decided if his client will be tried as an adult. “The crime is very serious so that would encourage the prosecution to want to try to get an adult sentence but, on the other hand, he’s a very young person with no prior record so, in that regard, would probably lean towards staying in youth court.”
The teenager is scheduled to appear in Cochrane Provincial Court on Tuesday, November 13.
**Note: Previous stories on the Highway 1A shooting indicated the accused was 16 years old at the time of his arrest. His attorney confirms the accused is 15 years old but will celebrate his 16th birthday ahead of his November 13 court appearance**
With files from CTV’s Ina Sidhu
