Teen Sentenced As An Adult For Murdering His Brother In Johnathon Trial
Posted September 29, 2006 12:00 pm.
This article is more than 5 years old.
A judge’s ruling means we can reveal his identity, after he sentenced 19-year-old Kevin Madden (pictured far left) as an adult in a Toronto courtroom on Friday. He’s been given a life sentence without parole for at least 10 years.
But he could be out in only seven years after time served.
His accomplice, an 18-year-old named Timothy Ferriman (at right), who was nicknamed Vampire Boy, received two years at a youth detention centre and three years probation.
A third youth was acquitted in the case last winter.
Because the boys were underage at the time of the murder, their names were withheld. And because Johnathon was related to the killer, his last name had to be hidden as well.
But while we didn’t have any idea who they were, the whole city knew exactly what they did.
Johnathon was discovered stuffed into a crawl space in the family’s Dawes Road home in November 2003, a victim of his brother’s incredible rage. He’d been stabbed 71 times.
He and Ferriman also beat his step-father with a baseball bat, but he survived that savage attack.
Now the family is left to cope with an almost impossible nightmare – one son dead, the other going to jail potentially forever.
Mr. Justice David McCombs wasted no words in condemning the actions of both young men in explaining his decision to sentence the pair as adults.
“The facts are horrific. It was a frenzied attack,” he ruled. “Johnathon received at least 71 wounds to the head and neck. His throat and carotid artery were slashed.”
There is “credible evidence that he suffers from a deeply entrenched psychological disorder and psychopathy,” the judge commented on Madden. “And that he remains a danger to the public.
Because of that McCombs said a youth sentence would be “inadequate”.
As for Ferrimen, McCombs was only slightly less severe. “I accept that (he) is ashamed and remorseful for what he has done,” the judge ventured of the accomplice.
“However, there is credible psychiatric evidence before me that (if he goes) untreated, (he) poses at least a moderate threat” of reoffending.
The lawyers for the guilty duo feared the worst outcome. And while they agree with psychiatric testimony that Kevin Madden is seriously disturbed, they worry he won’t get the help he really needs.
“Everybody agrees that Kevin is a very troubled fellow,” comments Rob Nuttall. “Kevin needs treatment. Kevin desperately needs treatment. And unfortunately he’s not going to get it.”
Ferrimen’s lawyer vows his client will get another day in court. “I expect that he will appeal it so that his wish is to be sentenced as a youth,” confirms John Dennis. “He’s now sentenced as an adult.”
Earlier this month, the parents of the murdered boy delivered emotional victim impact statements and Madden broke down as his mother described how the brutal crime has affected the family.
“If Johnathon were here now he would forgive his big brother,” she told the court. “In Johnathon’s eyes he was and will always be his big brother … I have to help my oldest son to get the help he needs to recover from this tragedy because I love him.”
While the family is horrified by the entire affair that took two trials and three agonizing years of their lives, they’re relieved they can now talk openly about Johnathon and let the world know more about who he really is.
They have made few comments about Friday’s final sentence.
“We are pleased that Kevin and Tim are going to get help with their problems,” Johnathon’s aunt Wendy Eberhardt reads from a statement. “We are relieved to have Johnathon’s full name released.”
On a newly revealed tribute website, the slain boy’s mother waxes eloquent about the loving child she lost.
“Yes I did spoil him,” she writes. “But God knows I would do anything to go back and never sleep again just to hold him again and be able to smile and laugh together again.
“John was taken too soon but as a parent any time is to soon.
“You never imagine your own child passing on before you. It is the abssoult (sic) worst thing to happen to a parent.
“John you are always on my mind and forever in my heart. I love you and forever miss you.
“Love mommy.”
To see unedited video of Nuttall, click here.
To see unedited video of Dennis, click here.
To see the Johnathon memorial website, click here.
