A 20-year-old Montreal man who was arrested when he was 17 years old was sentenced to six-and-a-half years in prison for shooting another teenager his own age three years ago.
Philippe Orbegoso-Picard was involved in a dispute with various friends, who decided to settle their score in an alley near Roy Street in the Plateau district on Jan. 13, 2022.
Orbsegoso-Picard had been told by the opposing group that “bullet casings” would be involved. As tempers flared, Orbesegoso-Picard pulled out a gun and randomly shot at the other group, numbering roughly nine people.
Amir Benayad, who had just turned 17, was killed by one of the bullets.
Police established that the victim and the shooter didn’t even know each other.
After the attack, Orgbesogo-Picard fled with his father to his native Peru before returning to Montreal later that year to face justice.
The accused was tried at the Youth tribunal, but chose to cut short his trial by pleading guilty to a reduced charge of manslaughter.
However, the prosecution requested and obtained a sentence normally reserved for adult offenders.
“For us it’s a fair sentence. When you walk around with a firearm, even when you’re minor, there are consequences,” explained Youth-court prosecutor Louis-David Bernard.
Contrary to popular belief in Canada, there is no such thing as a young offender being tried as an adult, rather in some rare circumstances. A teenager can be sentenced as an adult.
The decision also means the name of the accused is no longer protected because of his age.
Philippe Orbegoso-Picard’s criminal career began when he was only 14. He was out on probation when he shot Benayad.
In a pre-sentencing report, it was revealed that the accused purchased a gun to protect himself because he was dealing drugs.
“His belief that he lived in a world where only the strong survive caused a preventable death. Spending time in a federal penitentiary will be hard,” Justice Annie Emond told the accused inside the courtroom.
The prosecution noted that in 2022, the city was already facing a dramatic uptick in youth crimes involving firearms.
“Carrying guns provides a false sense of security,” said Marie-Claude Bourassa, an adult court prosecutor who was brought into the case.
“What started out as a simple dispute quickly turned into a tragedy for everyone involved.”
But the judge agreed with the defence that Orbegoso-Picard was well on his way to rehabilitation.
The pre-sentencing report indicated that during his 2-year detention, where he was confined to his home 24 hours a day, he managed to complete his studies and earned a diploma, and now he admits he was off on the wrong path in life.
Given the circumstances, Orbegoso-Picard’s lawyer, James Dawson, says the sentence was just and appropriate.
“I mean, you know, when there is death, everybody loses at the end, no matter what type of sentence it’s imposed, nobody wins in these types of cases.”
Dawson said his client was attacked twice while in detention, and a third person tried to jump the railing inside a courtroom to assault him before he was stopped by security.
In a victim impact statement, the family of Amir Benayad testified about the pain of losing their son.
“The accused had no right to destroy the lives of an entire family. He stole our dreams, our ambitions, Amir’s childhood, his future and the happiness of our family,” Benayad’s mother said.
With time already served, Orbegoso-Picard has a little over four years remaining to serve.
