One of the teen girls accused in the fatal swarming attack on a homeless Toronto man has been found not guilty of second-degree murder, but guilty of the lesser charge of manslaughter.
She was one of eight girls between the ages of 13 and 16 who were arrested and charged with second-degree murder after Lee's death. The other seven girls have pleaded guilty to lesser charges – five to manslaughter, one to assault and one to assault with a weapon and assault causing bodily harm.
"She had a weapon and a demonstrated willingness to use it against Mr. Lee," he wrote in his verdict, referencing surveillance video footage of the attack that was central to the trial.
Lee was living in the city's shelter system and was at the parkette near Toronto's Union Station with a friend when they encountered the group. He died in the early hours of Dec. 18, 2022, after undergoing emergency surgery at St. Michael's Hospital, court has heard.
The judge said Friday that watching the video of the attack left him "struck by the irrational viciousness" of the group's conduct and the girl's use of the scissors as a weapon. "Yet, this does not lead me to the conclusion that she had the state of mind for murder," he said. "The word 'murder' is not a shorthand for an extreme level of moral failure or a high degree of viciousness."