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Teen in home invasion case sentenced in court

One teen sentenced in case that left Cole Harbour girl quadriplegic

3 min read
caption The teen was sentenced Monday at the Provincial Court on Spring Garden Road
Rebecca Brown
The teen was sentenced Monday at the Provincial Court on Spring Garden Road
caption The teen was sentenced Monday at the Provincial Court on Spring Garden Road
Rebecca Brown

One of three teens who pleaded guilty to charges related to a home invasion in Cole Harbour was sentenced Monday. Four masked intruders broke into a home on Arklow Drive last November. The incident ended in a triple shooting that left Ashley Kearse a quadriplegic and two others with gun wounds.

The 18-year-old, whose name cannot be published under the Youth Criminal Justice Act, was sentenced to a total of nine months custody and supervision — just under six months will be spent in custody and the remaining time will be spent under supervision. One year of probation will follow.

“Nothing can restore Ms. Kearse to who she was in the moments before she was shot and paralyzed,” said Judge Anne Derrick to the court. “[The sentence] must reflect [the teen’s] level of responsibility for a home-invasion style robbery gone terribly wrong.”

The teen must also satisfy a long list of conditions while on probation including a daily curfew, 100 hours of community service work, a DNA order and no weapons for ten years.

Monday’s sentence matches that of one of the teen’s co-accused, who was sentenced on Nov. 23. The third teen will be sentenced at a hearing on Dec. 2.

The Crown says the three teens were accompanied by Markel Jason Downey, the 19-year-old alleged gunman, during the home invasion.

Downey faces a total of 28 charges from the incident, including three counts of attempted murder. His preliminary inquiry is set for February in Dartmouth.

‘Reintegration and rehabilitation’

The teen has spent the past 12 months in custody at the Nova Scotia Youth Facility. By the time his full sentence is served, the teen will have spent nearly three years either in custody or on probation.

“He has shown growth and maturity in custody,” said Derrick. “He will have to translate his achievements from that setting to the community when he is released.”

The teen had no prior record before the home invasion.

“He needs to appreciate that if the terrible events of Nov. 30, 2014 do not turn his life around, it is likely nothing can,” said Derrick.

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