N.S. teen gets adult sentence for killing woman with stolen car

Canadian Press, various newspapers across Canada, By JAMES KELLER, January 11, 2006

HALIFAX (CP) - Relatives of a 52-year-old mother of three killed by a teenage car thief trying to elude police say they are satisfied with the adult sentence given to the youth.

Archibald Billard, 17, of Dartmouth, N.S., was sentenced Wednesday to 5 1/2 years in custody. He's already served almost one year of that sentence in a youth detention centre. The judge hearing the case said a shorter youth sentence wouldn't reflect the severity of the crime: a high-speed car chase that resulted in the death of teacher's aide Theresa McEvoy.

The victim's brother, Joe McEvoy, told reporters the adult sentence was needed to publicly denounce what Billard did.

"There are no winners in this case," said McEvoy, flanked by his sister's family. "It is important that a strong message be sent that violent acts such as this will not be tolerated."

McEvoy was driving in Halifax on Oct. 14, 2004 when her station wagon was broadsided by a stolen car driven by Billard, who was 16 at the time.

McEvoy died of extensive head and chest injuries.

The teen had stolen the car from nearby Lower Sackville and was driving with four passengers, who each suffered minor injuries.

Billard told police he was so high on marijuana he had no idea how fast he was driving, though a police officer estimated the speed at more than 100 kilometres per hour.

The youth later pleaded guilty to criminal negligence causing death and dangerous driving while evading police causing death.

Judge James Burrill said the chase, followed by a chase on foot through several backyards, was evidence of a calculated attempt to escape capture.

"You have caused great harm by the commission of your crime," Burrill told Billard, who did not speak during the sentencing.

"You have caused immeasurable harm . . . and showed a total lack of respect for other members of your community."

Burrill ordered the teen to begin his sentence at a youth jail in Waterville, N.S., because of its rehabilitation programs.

The judge said Billard recently sought help for his problems and has shown a "glimmer of hope" that he can be rehabilitated.

Billard will be eligible for early release after one-third of his sentence. If he is still in custody when he turns 20, he will be sent to a federal prison.

He was also banned from driving for 10 years following his release, will not be able to own a firearm for 10 years and must submit a DNA sample.

Defence lawyer Warren Zimmer had asked for a three-year youth sentence. Crown attorney Gary Holt asked for a six-year adult sentence with credit for time served.

"We ended up with an effective sentence of 5 1/2 years, so that's pretty close," Holt said outside court. "I would be hard pressed to be upset over a question of six months."

Nova Scotia Justice Minister Michael Baker said he was pleased the court believed an adult sentence was appropriate.

"I think that Nova Scotians felt that this was an adult-style crime and that it deserved that kind of treatment," he said.

The case led to public outcry after it was learned the youth was released from custody two days prior to the fatal accident.

A public inquiry begins Monday into the case.

The Nunn commission will examine the youth criminal justice system and the role public officials played in Billard's case.

Joe McEvoy said there are other questions that need to be answered beyond who is criminally responsible.

"The commission's work is vital to provide further answers as to why Theresa died, and to ensure that this never happens again," he said.

Under the Youth Criminal Justice Act, young offenders can be named if they are sentenced as adults, though some court documents - such as psychiatric assessments - are routinely banned from publication for at least 30 days, pending a possible appeal, Crown attorney Holt said.

Holt had said there was an automatic publication ban on Billard's name, but later said no such ban applied.

The teen's lawyer will announce his decision on whether to launch an appeal Jan. 30.