In a surprise move, prosecutors have admitted they don’t have the evidence to prove second-degree murder and instead accepted a plea to manslaughter in the swarming death of Kenneth Lee.
The accused is one of two girls currently on trial before Superior Court Justice Phil Campbell on murder charges. Four of the eight teens arrested in the 2022 killing of the homeless man have already pleaded guilty in youth court — three to manslaughter and one to assault causing bodily harm and assault with a weapon. All were placed on probation.
The girl, who can’t be named under the Youth Criminal Justice Act, was 16 at the time. According to an agreed statement of facts read into court Tuesday morning by Crown attorney Mary Humphrey, the teen admitted she was a “joint participant” in a group assault that resulted in Lee’s death.
She had met up with the group of seven other girls at Yorkdale TTC station on the night of Dec. 18, 2022 and was seen trying to stop members of the group from assaulting strangers as they headed downtown to Union Station, the statement said.
At the parkette at 1 University Ave., she admits being involved in the last 23 seconds of the three-minute-and-20-second assault on Lee, 59. “At no time during her involvement in the final wave of the attack did she have intent to kill Kenneth Lee.”
She had no weapon and had been consuming Crown Royal and marijuana, the court heard.
During the attack, one of the teens hit Lee multiple times with a bag of ice and — likely assuming it was this girl in front of him — he hit her back with it. He was then “severely beaten” from multiple angles by members of the group even as he lay on the ground.
“During this final wave of the attack, (she) picked up a pylon and walked towards Mr. Lee, who was pinned against the retaining wall by members of the group attacking him. She raised the pylon over her head and hit Mr. Lee with the orange construction pylon three times.”
Lee died later in hospital from stab wounds to the chest.
The girl’s co-accused before the judge-alone trial is alleged to be the stabber, who was 14 at the time. She had attempted to plead to manslaughter at the start of the hearing but it was rejected by the Crown. Final arguments are scheduled for Tuesday afternoon.
A jury trial is set for May for the remaining two girls — one charged with second-degree murder and the second to manslaughter.