The youngest of two brothers who fatally attacked a teenager on an outdoor basketball court was convicted by the judge of manslaughter not murder.
Justice Eleanor Funk issued her decision just hours after lawyers finished their closing arguments Monday in the second-degree murder trial of a teen who was 16 years old when he was charged and can’t be identified under the Youth Criminal Justice Act.
His older brother, who was 18 years old at the time of the killing, faces the same charge and is set to go on trial next year. He can’t be named because doing so would identify the younger brother.
Danillo Canales Glenn, 18, was bear sprayed, beaten and stabbed several times on Sept. 5, 2023.
Defence lawyer Alain Hepner argued that there’s no evidence his client planned to commit an assault.
“There’s no evidence this was a planned homicide,” said Hepner.
‘There to do what they planned’
Hepner said the judge could acquit his client or “at best” find him guilty of manslaughter.
But prosecutor Vicki Faulkner argued Justice Eleanor Funk should find the youth guilty of murder.
Faulkner said the brothers “armed themselves with weapons and went to the park together.”
“They jumped the boards together and they attacked Danillo together,” said Faulkner.
“They were there to do what they planned and Danillo died as a result.”
Ultimately, Funk found that the Crown hadn’t proven the brothers intended to kill their victim the night of the attack.
The evening of the stabbing, Canales Glenn and two friends were playing basketball in Copperfield at the community centre’s outdoor rink, which had basketball nets set up along the boards.
As the teens played basketball, two boys with hoodies pulled over their heads approached the rink.
The sole purpose: ‘committing an act of violence’
According to the testimony of one of his friends, Canales Glenn said either “what are you looking at” or “what’s up” to the hooded teens.
At that point, the attackers hopped over the boards and aimed bear spray at Canales Glenn’s face. They then beat and stabbed their victim.
“They did not speak to each other in the rink as they didn’t need to,” said Faulkner in her closing arguments. “They came to the park with the sole purpose of committing an act of violence.”
The victim’s friends tried to save his life, performing CPR on him when he stopped breathing.
Canales Glenn died in hospital shortly after the attack.
An autopsy showed he suffered blunt force injuries to his head, back, chest and ribs, as well as slash and stab wounds to his heart, lung, back and arm.
“This was not an argument that got out of hand,” said Faulkner. “This was not a situation that got out of control. This was not a robbery gone bad.”
DNA evidence
Faulkner said the brothers were “not acting in a panic,” rather “they moved and acted together … with purpose.”
A sneaker left at the scene by one of the attackers had the younger brother’s DNA on three areas.
The Crown also played security camera footage of the brothers on bicycles near the community centre just before and after the attack.
Forensic testing done on a sweatshirt seized from the brothers’ home showed pepper spray was present on the clothing, which appears to match what one of the brothers was wearing in the security camera footage.
Sentencing will take place next year.