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McEvoy’s killer could be out in 18 months
Adult sentence may mean less time in jail
By BRIAN HAYES / SUSAN BRADLEY Staff Reporters The 17-year-old sentenced as an adult in the death of Theresa McEvoy could be out on the street in less time than if Judge James Burrill had treated him as a young offender.

Archibald (Archie) Billard was sentenced Wednesday to 54 months in the adult system but can apply for day parole within nine months and be eligible for mandatory parole after serving 18 months.

Had Judge Burrill sentenced Mr. Billard to the maximum three years as a young offender under the Youth Criminal Justice Act, the teenager would have served 24 months in custody at the youth detention facility at Waterville and eight under community supervision.

But after Mr. Billard completed his youth sentence, there would have been no further supervision of his movements. Under the adult sentence, even after he is eligible for parole, he will have to abide by court-imposed conditions for the rest of the 54 months.

When weighing the choices, the Crown considered the severity of the sentence as well as the length of supervision, prosecutor Gary Holt said Wednesday.

“We felt that the maximum youth sentence of three years wasn’t sufficient,” said Mr. Holt, who asked for an adult sentence of six years.

Judge Burrill granted Mr. Billard one year’s credit for time spent in custody since the stolen car he was driving slammed into Mrs. McEvoy’s vehicle in October 2004. The one-year credit reduced the sentence to 54 months.

Mr. Billard can apply for day parole after serving one-sixth of his sentence, or nine months. Within 18 months, or one-third of the sentence, he can apply for full parole. After two-thirds, or 36 months, he can be released on mandatory supervision. He would still be under parole supervision for the remaining 18 months of his sentence.

Under the Youth Criminal Justice Act, Judge Burrill could sentence Mr. Billard to a youth detention facility until he turns 20. But at 18, he can apply to be transferred to an adult institution, or if he becomes hard to deal with, the institution can make the same application.

With the parole provisions of his adult sentence, Mr. Billard may not see the inside of an adult prison if he behaves himself at Waterville.

( bhayes@herald.ca)

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