Philip's 2nd Case — Attempt Murder — Sentenced

Client:  Philip, Accused Youth
Complainant:  Tim, his toking buddy
Charges:  Attempt Murder and Aggravated Assault

Background:  A young man had almost died. It looked very much intended. It was Philip, the police alleged, who buried the knife in the victim's chest. Philip and I had our own history. (Though this is Philip's second case profiled, it was his third actual case, Philip having received a conditional discharge four years earlier for auto theft.) In my office again were Philip, his dad, and his sister, all feeling, no doubt, a little déjà vu. Philip wasn't responding much. That was a problem. This time I would need Philip's help. But how? His whole body was expressionless. What could I say to reach him? My head struggled to find the words, yet my heart knew that Philip was in a world of his own. No loving word from his dad or sister moved him. How was I going to do better? We had done very well to secure Philip's release from custody, but now we had a new problem. The case could take over a year. Could Philip stay out of trouble? Philip's dad and sister wanted Philip to join a two-year residential treatment program. The program was strict. For the first six months, Philip wouldn't even be allowed to speak with family. This was a tough sell to a 17-year old. Philip neither agreed nor resisted. He was barely there. Uncertain storm clouds hovered overhead.

READ THE POLICE REPORT

Goals:  Our overriding concern was getting Philip to start caring about himself. Philip kept getting himself into deeper trouble. He didn't seem to care how his actions were affecting himself, let alone others. Philip's father felt that he would be "lost forever" if carted off to jail. Though that's not always the case, it was a valid concern. The primary legal objective was to keep Philip out of jail — on this, even Philip nodded in agreement.

Strategy:  Inside 24 hours Philip's sister called to report that Philip was on his way to the treatment facility. Philip's dad had caught him smoking marijuana. He reacted with tough love: they were going immediately to the treatment facility or the police station. It was Philip's choice. Philip didn't take him seriously until his dad reached for the telephone. Philip thought about his seven unpleasant days in jail. He knew the treatment program couldn't be worse. So off he went. With Philip housed at the treatment facility, we all breathed a sigh of relief. Now the ball was in my court. I had to finesse a resolution that avoided jail. If I couldn't do that, I had instructions to proceed to trial.

Results:  At my first meeting with the Crown and the lead Detective, I told them I wasn't interested in winning the case as much as I was concerned about saving a young member of our community. The Crown asked me what I wanted. I responded by outlining Philip's progress and by proposing that Philip plead guilty to aggravated assault for a term of probation. The Crown's initial response, as expected, was lukewarm. This was, after all, a case where a youth almost died. Following this initial meeting were months of phone calls, meetings, and counselling reports. Our efforts were not in vain. The Crown eventually agreed to my proposal. Peter plead guilty to the aggravated assault. He received a youth disposition of two-years probation. The attempt murder charge was withdrawn.

READ THE SENTENCING TRANSCRipt
READ PHILIP'S TESTIMONIAL

Postscript:  Near the end of Philip's treatment program, I recognized his recovery statement in the centre's newsletter. I've linked it here.

THE LITTLE BOY IN WONDERLAND
go TO PHILIP'S 1ST CASE