First teen sentenced in Kenneth Lee swarming death gets 15 months probation

The first teen sentenced in the swarming death of Kenneth Lee in 2022 in downtown Toronto will not face any more jail time and instead participate in a community-based program.

The teen, who was 13 years old at the time of Lee’s death, had pleaded guilty to manslaughter.

A judge ruled Monday that she be credited for 15 months of effective pre-trial custody and will serve another 15 months of probation under an Intensive Support and Supervision Program.

Justice David Stewart Rose said the sentence reflects that the teen has taken accountability for her actions by pleading guilty and experienced institutional malfeasance while in custody, such as being forced to strip naked during searches.

The court heard the teen, now 15, had no previous criminal record.

She also faces a 10-year weapons prohibition, must follow mental-health treatment as determined by the supervision program and is not to communicate with her co-accused for the duration of the probation order.

Police have alleged Lee, who was 59 and living in the city’s shelter system, died after he was swarmed and stabbed by a group of girls just after midnight on Dec. 18, 2022, in the area of York Street, University Avenue and Front Street West.

Eight teenage girls — three 13-year-olds, three 14-year-olds, and two 16-year-olds — were arrested and initially charged with second-degree murder.

Four teens pleaded guilty in the case — three to manslaughter and one to assault causing bodily harm. Another four are set to stand trial next year — three for second-degree murder and one for manslaughter.

The accused have not been identified under the Youth Criminal Justice Act (YCJA) provisions because they are all under 18. 

A relative described Lee as a “kind soul with a heart of gold.” Community members have said the quiet man from Hong Kong was trying to defend a friend before the attack.

Lee’s family has said he was in the homeless shelter system after falling on tough times but was making an effort to get his life back on track.

“… Ken was a kind soul with a heart of gold. He was not in the system due to alcohol or drug abuse,” read a statement from Lee’s family. “He was a man with pride who had fallen and wanted to learn to stand up on his own, knowing that he always had his family behind him. Maybe in due time, we will share more with you.”