A Lakeshore man has been sentenced as a youth for murdering his younger brother.
Warning: contains graphic content.
Friday morning, Justice Bruce Thomas sentenced an 18-year-old man to seven years for second-degree murder.
The Youth Criminal Justice Act (YCJA) prevents the media from identifying the offender or any details which may identify him.
On April12, 2023, the offender – who was 16 at the time – struck his brother at least five times with a baseball bat, after an attempt to set him on fire was unsuccessful.
The young man then dragged his brothers’ lifeless body into the kitchen and turned the gas stove on, presuming it would explode.
He left his home without any shoes, threw his baseball bat into a bush and sat in a nearby field.
When he was discovered by a neighbour a short time later, the young man confessed and asked to be taken to the police department.
The Crown Attorney’s on the case wanted the man sentenced as an adult because of the brutality involved in the murder of a sibling in their own home.
The defence wanted him to remain in the youth corrections system, where he has been since his arrest in 2023.
Doctors there say the offender is starting to make progress in his psychological health.
History of mental illness
Court learned the young man struggled with mental health from a very young age; doctors going so far as to call him “volatile” in elementary school.
His parents sought help from a long list of therapists, social workers and psychologists over the years.
At the time of the murder, he was in the care of a doctor who was treating him for “moderate to severe depression”, ADHD and a learning disability.
Court learned Friday, the offender was in “a major depressive state” at the time of the murder for which he still has no explanation to this day.
“The emotionless, matter of fact responses of (the offender) can be seen as chilling,” Justice Bruce Thomas said in his decision Friday. “The comments of (the offender) to a veteran detective form a major part of the Crown’s submissions for an adult sentence.”
The man told police what he did but not why.
“What happened is he (the younger brother) simply died due to me (the offender). It doesn’t matter exactly how it transpired, to me at least,” the offender told police in 2023.
The prosecutor said the cold nature of the responses along with the offender trying in no fewer than three ways to kill his brother and hid the evidence were the mature actions of an adult.
The judge disagreed.
When found by neighbours, sitting in a field, the offender confessed, asked to be taken to police and then asked for a hug.
“While there is clear evidence of planning and an attempt to conceal and destroy evidence, these actions are not indicative of adult maturity or reasoning,” the judge said. “(The offender) thought a can of bug spray would engulf his brother in flames. He presumed such an immediate gas explosion would occur that he left the home without shoes.”
Supreme Court sets a new bar
This past July, the Supreme Court of Canada was asked to weigh in on the rare occasion when the prosecution seeks an adult sentence for a young offender.
The Supreme court decision of R. v. I.M. raised the ‘onus’ on crown attorneys to prove - beyond reasonable doubt - the offender was acting with maturity like an adult would at the time of the offence.
Before this case, prosecutors only had to ‘satisfy’ the court the offender was thinking with maturity.
“Sentencing a young person up to an adult sentence shouldn’t be too easy,” Windsor defence lawyer Julie Santarossa explained Friday after the Lakeshore man’s sentencing. “A young person is presumed to have diminished moral capacity, and the crown has to disprove that presumption.”
In this case, Justice Thomas ruled the crown failed to prove diminished moral blameworthiness.
He also found the crown failed to prove that an adult sentence was the only way to hold the offender accountable for his actions.
Youth sentence structure
The offender received the maximum sentence allowed in the YCJA of seven years, which starts today.
He will serve at least the next two years at Sprucedale Youth Centre, where he has been since his arrest in 2023.
Court heard the doctors and staff there are noticing improvement in the offender’s mental health and involvement in his care.
He has not had any behavioural issues while in custody and is currently working on his high school diploma.
Under the YCJA, offenders “age out” of care at 20, so Santarossa and co-counsel Bobby Russon told CTV News they intend to ask the court to let their client stay at Sprucedale for the full four years.
After that, the offender would be released to community supervision and face strict parole conditions and intense therapy for another three years.
Family support
One of the mitigating factors Justice Thomas gave the offender was the support of his parents.
Court learned, throughout his life, the offenders’ parents tried to get him the help he needed and even after the murder, they continue to support their son.
They wrote what the judge calls a “poignant” letter to their deceased son, explaining why they are supporting their living son.
“Their commitment and unique perspective in these circumstances is frankly quite extraordinary and quite important to me,” the judge said.
“I think they struggle throughout the process,” Santarossa said. “They have been by his side pretty much from the beginning, which speaks to them as people as well. I think they want their son in their lives.”
“The nature of the allegations and the circumstances of the offence and offender made for a very difficult case.” Crown Attorney Belinda Pagliaroli wrote to CTV News in a statement. “This was certainly most difficult for the members of the community and the friends and family of this young victim, who was tragically killed at the hands of his brother.”