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Murder charge dropped in Behchoko death

Herb Mathisen
Northern News Services
Published Monday, December 22, 2008

SOMBA K'E/YELLOWKNIFE - Last Monday, Crown prosecutors in Yellowknife decided to proceed with a manslaughter charge against a 17-year-old boy accused of killing Johnny Dryneck, 38, in Behchoko last month.

Dryneck was killed in an altercation at Our Video store in Behchoko on Nov. 13.

Following the incident, the youth had been charged with both second-degree murder and manslaughter with the Crown stating they were waiting for further information from police before deciding with which charge to proceed with.

Prosecutor Shannon Smallwood said the second-degree murder charge was dropped "based on a review of the evidence we have so far."

A second-degree murder charge is laid when the accused has intent to kill or committed actions where it would have been reasonably foreseeable that it would have caused critical harm or death, said Smallwood.

A manslaughter charge is applied when someone is killed by accident or "near-murder," she said.

The youth will be back in court on Jan. 12.

"He has not elected his mode of trial," said Smallwood, adding that could be discussed at the upcoming court date.

The youth also faces a breach of probation charge related to the incident.

"It goes along with the manslaughter charge," said Smallwood.

If found guilty and sentenced as a youth, the maximum imprisonment the 17 year old could face is three years for manslaughter.

If the youth was sentenced as an adult, he could receive life in prison.