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A fit of boredom was the catalyst for a trio of teenagers who violently robbed a 90-year-old woman, who died 25 days later from injuries sustained in the burglary.
But while all three have admitted to causing the woman’s murder, two of the girls at one point wanted all charges against them dropped.
The three teens, all with names suppressed, pleaded guilty in Palmerston North Superior Court Tuesday to the murder of Grace Isobel Virtue.
The trio, one 14 and the other two 16, were charged with murdering Virtue in Levin on November 2 during a break-in at their Bath St.
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* Teenagers plead not guilty to murder of 90-year-old Grace Virtue.
But they pleaded guilty to the lesser charge Tuesday afternoon, the second day of what would be a three-week trial.
Crown prosecutor Ben Vanderkolk said he made the decision to lower the charges for reasons of “public interest.”
Virtue died 25 days after the burglary, having moved with her family to Gisborne after the attack.
Although a judicial summary of the crime was not read, the jury heard that the 14-year-old came up with the plan to rob a house.
They were there armed with at least one knife, with the 14-year-old watching as the other two entered.
Virtue was attacked by the under 16 while the over 16 watched.
They took the Virtue debit card and bought Chupa Chups, jeans, a sweatshirt and Chupa Chups tobacco.
Virtue spoke to family members about the burglary and said they only let one of the girls in because it appeared they needed to use the bathroom.
She heard one run after her before being hit with a rock or stone.
She told her granddaughter: “A girl had pure evil in her eyes.”
David Unwin / Things
Flowers were placed on the door of Grace Virtue’s Levin home, where she was fatally attacked in November 2019.
Attempt to dismiss the charges rejected
A pre-trial hearing was held after attorneys for the 14-year-old and the 16-year-old eldest requested the dismissal of all their charges.
Defendants can request that the charges be dismissed prior to trial if they can prove that the evidence is so weak that the jury would not be able to safely reach guilty verdicts.
A Crown case doesn’t have to be particularly strong to survive a termination request.
According to the decision of Judge Helen Cull to reject the applications, released to Stuff In court, the 14-year-old told police the plan came about because they were bored.
She and one of the others discussed the theft before texting the third person to meet them in the Levin Pak’n Save parking lot.
The 14-year-old told police that she backed off when they approached the house.
“I was too scared at the time of the actual scene and then they came in and I waited in [Horowhenua College]. “
Her attorney Mike Antunovic said the teen was involved in planning the robbery, but withdrew from the plan when she went to college.
David Unwin / Things
The 14-year-old girl told police she was waiting across the street at Horowhenua College while her two fellow criminals robbed Grace Virtue.
He had to be part of the robbery to be guilty of murder or manslaughter, because using the Virtue card afterwards was a different crime: using a document dishonestly, he said.
He also ran away from the scene in front of the others, not with them.
The Crown rejected those claims, noting that it told police that it had seen a knife, although it was unclear when it saw it.
The Facebook messages also made reference to the girl having “got everything we need.”
The judge agreed with the Crown and said a jury could infer that the 14-year-old knew the group had the knife before the robbery occurred.
Taking the Crown case at its strongest, it could also be inferred that the 14-year-old was vigilant, the judge said.
It’s right across the street from Mrs. Virtue’s house. You can see the front door or anyone approaching the house. She has not left the scene. She is busy on her phone while she waits and finally joins the others. “
It is up to the jury to decide whether the 14-year-old retires correctly, the judge said.
The older defendant’s attorney, Scott Jefferson, said the girl was part of the scheme, but there was no evidence to show that he knew violence would occur.
She told police that she had no idea the other 16-year-old was going to assault Virtue.
“She didn’t tell us she was going to do that.”
She brought the knife to the property but did not intend to use it during the robbery, she said.
The judge said the jury was able to determine that by carrying the knife, the girl knew that a serious injury or assault was a possible consequence of the robbery.
It could also be inferred that her subsequent actions – spending the day with the other two and using Virtue’s stolen card – showed that she was not surprised by what happened, the judge said.
Two of the girls are out on bail until their sentencing in November, but the one who struck Virtue will be in custody.
All three were convicted, with references made for restorative justice.
