A young man from eastern P.E.I. has been sentenced to two years in custody for manslaughter and interfering with human remains in the death of 17-year-old Tyson MacDonald late last year.
The male, who was 17 at the time of the crime but has since turned 18, was sentenced as a youth Friday at the Supreme Court of Prince Edward Island in Charlottetown.
The sentence was a joint recommendation from the Crown and defence.
The teen will not receive credit for the time he’s already served in custody since his arrest last December. The sentence does, however, include an additional year of community supervision after his release. He will also be banned from owning or using weapons and will have to provide a DNA sample for the national data bank.
“This case, no matter how it is described, is a tragedy,” Justice Jonathan Coady told the courtroom in Charlottetown. “The impossible task for the court today is to try to explain the sanction the criminal justice system will impose… That explanation will not be satisfactory for some.”
Coady noted that the Crown can make an application to sentence a youth as an adult, but there is a high legal threshold for that to be accepted by the court. In this case, the judge said, the Crown opted not to pursue an adult sentence.
Those who gathered at the courthouse Friday for the sentencing held signs reading things like ‘Adult Crime = Adult Time.’ (Steve Bruce/CBC)
Dozens of supporters gathered both outside and inside the courthouse for Friday’s sentencing hearing, many holding signs reading things things like “Adult Crime = Adult Time” and “Justice for Tyson.”
Tyson’s mother Amanda MacDonald was among many relatives who gave victim impact statements to put their pain, sadness and anger on the public record.
“I just want my son back,” she said. “The hardest truth of all is we’ll never know why [the teen] took Tyson’s life…
It was hell. And it continues to be hell. — Tyson’s father Kent MacDonald
“Nobody can believe this happened. But because Tyson was so loved, we have so many pictures and memories to last a lifetime… He was just loved so much.”
A statement was also read on behalf of MacDonald’s father, Kent.
“The anger I feel for what [the teen] took from my son and from me and everyone that loves him is unexplainable,” his statement said. “It was hell. And it continues to be hell.”
Was charged with 1st-degree murder
MacDonald was found dead in Kings County after a six-day search in December 2023. The teenager sentenced Friday, who eventually admitted to having shot MacDonald, had been among those who joined in the search for him and visited his family to offer support.
He was initially charged with first-degree murder but pleaded guilty in October to manslaughter and interfering with human remains.
Tyson MacDonald’s death hit the Island hard, particularly in eastern P.E.I. where he lived and was a Grade 12 student at Montague Regional High School. (Facebook)
In Canadian law, manslaughter is causing a death through an unlawful act without having intended to kill. According to the Youth Criminal Justice Act, the maximum sentence for a youth who pleads guilty to or is convicted of that crime is three years in custody.
The accused cannot be named because of provisions in the Youth Criminal Justice Act.
A second youth charged in connection with the case pleaded guilty to public mischief in April and was sentenced to an additional two months in custody on top of the time he’d already served.
Inside the packed courtroom, the court heard numerous victim impact statements read by MacDonald’s parents, siblings and extended family, along with a statement from Montague Regional High School where Tyson was a Grade 12 student.
Given the restrictions on youth sentencing, MacDonald’s family and their supporters have said in person and online that they don’t believe his killer is receiving the time in jail he deserves.
‘Reckless’ use of a firearm
MacDonald, who lived in Kings County, was reported missing on Dec. 14, 2023. He had told his parents he was going to a hockey game in Charlottetown with friends.
It took six days to find his remains, and the two male youths were arrested that same day.
Supporters of Tyson MacDonald’s family gathered at the courthouse in Charlottetown on Friday, as they had for every court appearance in Georgetown and Charlottetown in connection with the case. (Steve Bruce/CBC)
Court heard back in October that the teen sentenced Friday and MacDonald had intended to go to a hockey game that night, but they went to the teen’s house first and there was a shotgun near the door.
“[The teen] took possession of the firearm, reckless as to whether the safety was on or off, pointed it at Tyson MacDonald and pulled the trigger, striking him in the left side of his face,” Crown prosecutor John Diamond read from an agreed statement of facts at the time.
The teen eventually told police that he panicked, and drove MacDonald’s body to Greek River Road and left him there. He then picked up the second youth, who would later be charged with public mischief, and they drove to Charlottetown.
There was another large gathering both outside and inside the courthouse for the sentencing hearing on Friday. (Steve Bruce/CBC)
2nd youth misled police
That second youth had no knowledge that MacDonald had been killed, according to the teen sentenced on Friday, and had no role in the death.
At some point, the first teen later returned to Greek River Road and moved MacDonald’s body again.
During the search for MacDonald, the two misled police about his whereabouts, telling them a story about dropping MacDonald off on the County Line Road to meet a young woman they did not know.
The second teen eventually admitted he “felt pressured” by the other youth to lie to police on three occasions. Although “there were no explicit threats of violence,” according to the agreed statement of facts in his case, the teen told police he knew the other boy “had access to various firearms.”
Following his guilty plea in April to public mischief through misleading police and obstruction of justice, the other teen was sentenced to two more months in jail and 30 days of community service. He had been in custody since his December arrest.
‘Make the most of it’
In his sentencing decision, Coady said a pre-sentence report had described the teenager as “co-operative” while in custody at the youth detention centre. The judge said that, despite his deception to the family and police and his disregard for MacDonald’s humanity, the young man is remorseful for his actions and has no record of any other criminal offences.
In closing, Coady said he hoped this day would mark a new beginning for the teen.
“The path forward for you will be a difficult one. What the court has done for you today is extended you a pathway forward. Seize it,” the judge told him.
“Find ways to contribute some good back to our society. As a young man, you have the opportunity of a lifetime to do that. As this tragedy shows, not everyone has that chance. Make the most of it.”