Murder charge withdrawn against 18-year-old in stabbing death of student Devan Selvey

A first-degree murder charge against the 18-year-old accused in the stabbing death of Hamilton high school student Devan Selveyhas been withdrawn, and he'sinsteadfacing assault charges.

The 18-year-old, who cannot be identified under a court-ordered publication ban, appeared at the John Sopinka Courthouse in Hamilton on Friday morning for a bail hearing.

The Crown withdrew the murder count. He'snow charged with assault with a weapon, administering a noxious substance and unauthorized possession of a weapon.

Outside of court, the 18-year-old embracedmore than a dozen family members and supporters, who filled three benches in the courtroom during the hearing.

"He's spending time with his family now," defence lawyer Jordana Goldlistsaid after her client was released from custody.

"He's been improperly in custody for two months, shuffled between three different institutions.He spent a significant amount of time in segregation, so right now he's just looking forward to going home with his family as he should be."

She said the Crown had to withdraw the murder charge, because "there was no reasonable prospect of conviction."

The 18-year-old was released to two sureties one of whom will have to pay$20,000 if he doesn't comply with conditions and the other who will have to pay $5,000.

His conditions include not being within100 metres of Sir Winston Churchill Secondary School or the Pat Quinn Arena, observing a curfew between 10 p.m. ET and 6:30 a.m. ET andnot having contact with a list of 63 peopleor anyone with a criminal record. He also cannot possessany weapons.

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The 18-year-oldand his 14-year-old brother, who can't be named under the Youth Criminal Justice Act,were initially both charged with murderinthe Oct. 7 stabbing ofDevan, 14, outside Winston Churchill Secondary School.

CBC News previously spoke with witnesses who said thatbear spray had been used on a crowd of people standing in front of the arena, causing them to scatterright before the stabbing, which happened behind the school.

Police allege the 14-year-old is the person who stabbed Devan, so he's still charged withfirst-degree murder.

Death started conversation around bullying

Devandied in the arms of his mother, Shari-Anne Selvey.

Selvey was briefly spotted outside court Fridaybut appeared upset and did not speak with reporters.

Devan's death kickstarted a community conversation about bullying and led to the Hamilton-Wentworth District School Board setting up a panel to examineits anti-bullying practices.

Ontario Education Minister Stephen Leccealso pointed to what happened to Devanas one of the driving factors behind the changes the provincial government introduced last month to tackle bullying.