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Appeal ruling ‘beyond belief’

<p>The son of an elderly man beaten to death with baseball bats is sad and outraged that his father’s young killers will not face second-degree murder charges.</p>

Teens lacked maturity to grasp results of bat beatings, says Court


The son of an elderly man beaten to death with baseball bats is sad and outraged that his father’s young killers will not face second-degree murder charges.



The B.C. Court of Appeal yesterday unanimously upheld a manslaughter conviction for two teens in the death of Shingara Thandi, 76.



The three appeal judges agreed with the trial judge that the teens lacked life experience and didn’t grasp that their actions would lead to Thandi’s death.



"We’re disappointed and our family is still very sad," said Jhalman Thandi. "The memory is so fresh."



On consecutive days in July 2005 at Surrey’s Bear Creek Park, two teens, aged 13 and 15 at the time, attacked with bats and robbed two elderly men.



The boys, who cannot be named because of their age, were found guilty of manslaughter in Thandi’s death.



Jhalman Thandi said his family pushed for the appeal.



"They did it twice. … It was a planned thing," said Jhalman Thandi, adding that the teens changed clothes after the attack on his father.



The pair were also convicted of aggravated assault and robbery on Mewa Bains, 83, whom they attacked a day earlier. Bains required neurosurgery and later died of a stroke.



NDP Public Safety Critic Mike Farnworth called the ruling "beyond belief."



"By the time you’re a teenager you’ve got to know that bashing a senior over the head with a bat — repeatedly — will kill them."




jeff.hodson@metronews.ca


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