A Toronto antheral who fatally stabbed an Etobicoke Collegiate Institute pupil astatine Keele subway presumption successful March 2023 has pleaded blameworthy to second-degree murder.
Jordan O’Brien-Tobin, who was primitively charged with first-degree execution successful the decease of 16-year-old Gabriel Magalhaes, stood successful a downtown Toronto courtroom Wednesday and spoke calmly arsenic helium admitted his guilt.
Court besides heard that earlier and aft the March 25, 2023, O’Brien-Tobin sent messages to his girlfriends, friends and parent telling them “someone’s dying” and that helium “stabbed idiosyncratic and got distant with it”
Wearing a green-prison issued sweatshirt with a bluish formal garment underneath and achromatic pants, O’Brien-Tobin said helium understood erstwhile Superior Court Justice Jane Kelly explained that by waiving his close to a trial, and by pleading blameworthy to the lesser complaint of second-degree murder, helium would beryllium taxable to a beingness condemnation with the play of parole ineligibility to beryllium decided by the judge.
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Assistant Crown attorneys Karen Simone and Amanda Nash told Justice Kelly the Crown would beryllium asking for a play of parole ineligibility of 18 years. Defence lawyers Robert Cutruzolla and Jeffrey Berman said they would beryllium suggesting that O’Brien-Tobin should service betwixt 10 to 14 years earlier being eligible for parole.
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According to an agreed connection of information work retired successful court, connected March 25, 2023, Gabriel was astatine Keele subway presumption with a person connected his mode home, waiting to drawback a train. The boys were seated connected a seat located connected the crushed level of the station.
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At astir 8:53 pm, O’Brien-Tobin walked down a acceptable of stairs adjacent the seat wherever Gabriel and his person were seated. O’Brien-Tobin had been carrying a backpack, which helium moved to his beforehand soon earlier walking down the stairs. He turned and stared astatine Gabriel arsenic the teenaged boys sat connected the seat unaware of him. This was captured connected surveillance cameras.
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The accused past concisely exited the subway station, watched the teenagers done a acceptable of automatic doors. He reached into his backpack and past came backmost into the subway presumption and walked instantly towards Gabriel astatine astir 8:54 pm.
“Unprovoked and with nary speech of words, the accused stabbed Gabriel successful the thorax with a knife. He past walked away, exiting the subway station. Gabriel collapsed connected the floor,” Nash said speechmaking from the facts.
Court heard that Gabriel’s person and 2 bystanders attempted to supply archetypal assistance until paramedics arrived. Gabriel was rushed to infirmary by exigency tally wherever tragically helium was pronounced dormant astatine 9:46 pm. An autopsy revealed that a azygous stab coiled to the thorax injured Gabriel’s near lung, pericardium and heart, causing his death.
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At astir 9:37 pm, O’Brien-Tobin attended a religion connected Roncesvalles Avenue and spoke to a clergyman and different subordinate of the parish.
“He was acting unusual and told them helium felt similar sidesplitting someone. They became acrophobic and escorted him retired of the religion astir 20 minutes later,” Nash said, speechmaking from the agreed facts.
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It was astir 20 minutes later, O’Brien Tobin, who was 22-years-old astatine the time, entered the exigency country astatine St. Joseph’s Health Centre. He was subsequently located by constabulary sitting successful the exigency country wherever helium was arrested.
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His backpack was seized and forensically examined. Blood connected 1 of the interior compartments was recovered to person belonged to Gabriel. The weapon was ne'er located.
A forensic introspection was besides completed connected O’Brien-Tobin’s cellphone. It was then, during an extraction of the telephone that officers discovered that the accused was sending messages to his girlfriends, friends and parent earlier and aft the murder.
These messages included “someone’s dying TN” and “I conscionable stabbed idiosyncratic random” and “I stabbed idiosyncratic and got distant with it.”
The substance volition instrumentality to tribunal successful February for a sentencing proceeding astatine which clip the crown says it’s expected unfortunate interaction statements volition beryllium work retired successful court.
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