An 11-year-old Australian boy has been found guilty of manslaughter after a trial failed to convict him of murder for his part in a gang killing.
The 11-year-old had pleaded to manslaughter at the start of the trial, but prosecutors wanted to convict him of murder because surveillance video showed the child carrying what appeared to be the murder weapon shortly before and after the killing.
The judge deciding the case, Judge Reynolds, said afterwards, “I am not satisfied beyond a reasonable doubt it was [the boy] who murdered Patrick Slater by stabbing him with a screwdriver.”
The judge said that it was possible someone else did the killing and handed the weapon, a long screwdriver, back to the child before fleeing the alcove where the murder occurred.
After hearing all the testimony, the judge decided that the boy was involved in the fighting only to play a part within the group, to be one of the gang.
“He wasn’t anything other than a very young person, only 11 years old, and he simply wanted to maintain a connection with the group, without seeking to be a leader or an influencer,” Judge Reynolds said, as reported by ABC (the Australian Broadcasting Commission.)
“The others did not need or seek any encouragement from [him]. He was not elevated above beyond wanting to belong … to get and maintain the acceptance of the group.”
Another was sentenced to twelve years with a ten-year minimum.. His name has not been released because he was underage when arrested.
A 14-year-old pleaded guilty to manslaughter and was sentenced to 4 1/2 years.
Armed Gangs
The attacks started at a train station in Perth, Australia, on the night after the Australia Day festivities. Australia Day, Australia’s Fourth of July, celebrates the day in 1788 when Britain officially established Australia as a territory of the Empire.Witnesses recount three fights between the two groups over a 45-minute span of time.
Witnesses say that Slater was carrying a machete and his cousin, Barney Brockman, was seen wielding a tomahawk. The attackers grabbed a variety of makeshift weapons, including the screwdriver, bottles, rocks, a wooden pole, and a star picket, a device used for pulling fence poles out of the ground.
Then, the page claims, Slater ran into the open to draw the attackers away from his sister.
No Evidence, No Conviction
Only the convicted killers know exactly what happened in the alcove. What is known is that Slater was stabbed through the lungs with a very thin object, causing him to bleed to death in under a minute. His body had 23 separate injuries, none others fatal.While the 11-year-old did act like a gang member, flashing gang signs in one photo, the judge decided that there was sufficient doubt to forestall a murder conviction.