Warning graphic: Parents write ‘poignant' letter to deceased son for accused son's Windsor court hearing
An Ontario Superior Court of Justice building can be seen on Tuesday, April 13, 2021. (Michelle Maluske/CTV Windsor)
Parents write a 'poignant' letter to their deceased son for their accused son's court hearing in Windsor.
Warning: contains graphic content.
An 18-year-old from Lakeshore has previously pleaded guilty to second degree murder for killing his 12-year-old brother.
The crime happened in April 2023 at the family home when the accused was 16 years of age.
As a result, a publication ban prohibits the media from reporting the accused age or any evidence which might identify him.
At the accused sentencing hearing Thursday, the parents submitted a Victim Impact Statement in the form of a letter to their deceased son.
Director of Crown Operations Belinda Pagliaroli read it into the record on the family's behalf:
We don't know where to start. To say that our world was forever changed since the day we lost you is an understatement. There are no words that can adequately describe how much you are missed. Your life was the highlight of ours. From the moment you were born, you brought love, laughter and meaning to our lives.
You were smart, loyal, caring and kind. An absolute joy and we are so proud of you. We miss you every minute of every day with every fibre of our body and soul.
I hope you can understand that by continuing to support (the accused) it does not mean that we don't hold him accountable for what he did. Just know that as his parents also, we love him and want to help him. We know that he wishes he could take back what happened. We hope that (the accused) can get the help he needs and that we get the chance to become a family once again.
We love you more everyday (victim). You are missed dearly by all you left behind – not only your family but your many friends. We carry you with us in our hearts wherever we go, and I wait impatiently for the time we can see you again.
Love, Mom and Dad
Justice Bruce Thomas called the letter a 'poignant message' that was unlike any he had heard in his long career on the bench.
Youth vs. adult sentence
The judge has been asked by the prosecution to sentence the accused as an adult.
Crown Attorney Eric Costaris says that way, the youth will have access to the mental health services he needs over the long term but will also be placed under parole restrictions for the rest of his life when his time incarcerated is over.
'The youth system does not have a monopoly on counselling for mental health services,' Costaris argued.
Costaris reminded the court, the Youth Criminal Justice Act automatically allows a youth sentenced as an adult to apply for parole after serving seven years from the date of the offence.
The defence on the other hand wants the accused sentenced as a youth.
They believe their client has started to show improvement with the help of the staff at a specialized facility since his arrest in April 2023.
'They want him to stay,' Julie Santarossa argued, telling the judge youth workers have a comprehensive plan laid out ready to begin to help the accused with his mental health.
Court learned the accused has Attention Deficit Hyperactivity Disorder (ADHD) and a learning disability but does not have autism.
The accused himself told police he has always been 'disconnected from his emotions'.
Even after admitting to killing his brother, the accused had 'no feelings' about it and couldn't provide a reason for why he attacked his brother with a baseball bat that day.
If sentenced as a youth, the accused would be incarcerated for four years and then serve three years of community service, starting from the date of sentencing.
His lawyers have asked he not get credit for his pre-trial custody.
They reminded Justice Thomas if there is 'zero progress' by the accused while incarcerated or serious concerns for the court, it can reexamine the sentence parameters.
Justice Thomas will have his decision on Oct. 1.
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