Native Journalism Initiative
Manslaughter charges dropped in Collingwood double shooting that left two men dead
A Barrie choose’s choice helped to pave the way in which to freedom for Cameron Gardiner, says his lawyer, who describes the Collingwood carpenter as a hero, not a villain. Expenses towards the 59-year-old man, who was accused of killing two males in his house on Jan. 22, 2019, had been dropped on Tuesday. “It’s a reasonably unimaginable story the place, if we had been dwelling south of the border, my shopper would have been celebrated instantly and celebrated as a hero. As a substitute, he went to jail for six months,” stated Toronto legal defence lawyer Robb MacDonald. “Right here’s a man who’s sitting at house watching a film together with his partner, the door will get kicked in and there’s three armed bandits who are available in with a shotgun they usually tie him up and tie up his partner with zip ties and start looting his place,” the lawyer defined. “After which when his son comes house, he realizes there’s a man on the opposite facet of the door, the identical door the son is making an attempt to get into, that’s in all probability going to shoot his son. “So he has a match of mainly superhuman power and breaks freed from his zip ties, will get the gun off this bandit on the door and finally ends up capturing him and a second joins the struggle. That bandit will get shot as properly,” MacDonald stated. “It took unimaginable braveness to defend his house and family members the way in which he did.” Dean Copkov, 52, and 42-year-old Donovan Bass, each of Wasaga Seaside, had been killed within the incident. “We’ve carried out our investigation. The ultimate choice rests on the courts to determine on the result of the case,” stated OPP media relations co-ordinator Performing Sgt. Iryna Nebogatova when requested in regards to the costs. “It’s as much as the courts to make the ultimate choice on this.” Following the preliminary listening to final November, Justice A. M. Nichols discovered that the Crown didn’t current proof exhibiting the intent required for second-degree homicide, for which Gardiner had been charged, and as an alternative dedicated him to trial on manslaughter. That was a gutsy transfer, MacDonald stated, that in the end led the Crown to withdraw the costs, concluding there was no cheap prospect of conviction. “It is a tough case,” the choose instructed the court docket on the time. “In figuring out the reasonableness of Mr. Gardiner’s actions, many components should be assessed in a big physique of proof. Once more, I discover this is able to contain a extra in depth weighing than is permitted at this stage.” Gardiner and his girlfriend had been dwelling in a townhouse complicated on Matthew Manner when three masked intruders burst into their house by a again door early that January morning, one with a sawed-off shotgun, based on court docket paperwork. MacDonald stated the intruders had been beneath the assumption that his son, who didn’t reside on the home, offered hashish and had been searching for marijuana and cash within the son’s room, which was locked and outfitted with cameras. “These house invaders knew what they had been in search of once they received there they usually had been going straight to his son’s room,” he stated, including Gardiner’s girlfriend testified that this was probably the most terrifying occasion of her life which continues to forestall her from sleeping. In her abstract of the proof, Justice Nichols stated the couple was certain and made to take a seat on the sofa. Gardiner’s canine was tied to him. Video footage proven on the preliminary listening to captured two of the lads rooting by the boy’s room upstairs. A 3rd man carrying a balaclava finally escaped by an upstairs window. The son had a reside surveillance feed from the room on his cellphone capturing the exercise and rushed house, shocking the intruders, and a wrestle ensued. In response to a transcript of Nichols’ choice, Gardiner broke freed from the unfastened ties, grabbed the gun after which struggled with the second intruder. “The gun discharged and struck the intruder who was exterior the door. They continued to wrestle with the gun and it was racked within the course of. Throughout this wrestle the second intruder was shot after which staggered exterior,” says the choose’s summation. “In contemplating self-defence or accident, I discover that, significantly within the context of this case, to think about these doable defences would contain a extra in depth weighing of the proof than I’m permitted to do,” the choose concluded. “Put merely, this was a brutal house invasion the place the occupants had been put in severe peril.” MacDonald stated the low threshold required at a preliminary listening to may need led one other choose to order his shopper to face trial on the second-degree homicide costs. He stated had that occurred, the case would have seemingly gone all the way in which to trial. “Justice Nichols listened to our arguments very rigorously, made a really gutsy choice, and the proper authorized choice and lowered it right down to manslaughter. And that started the unravelling of the Crown’s case,” stated the defence lawyer. “What grew to become clear on the finish of the inquiry was that none of their theories held any water.” Removed from being the villain, MacDonald stated Gardiner was the harmless man who was fearful for his life and the lives of his girlfriend and son. He was remanded in jail for six months after being charged. He was then launched on “very tight bail” and made to reside together with his sureties for a number of months after that, which MacDonald stated was akin to full-time home arrest. “In that point, he misplaced quite a lot of his worldly possessions. … Lastly, after near a 12 months and a half, we had been capable of get his bail relaxed in order that he may go to work. However actually it’s not till yesterday that he’s been ready the place he can begin rebuilding his life,” stated MacDonald. “He’s a really courageous man and somebody who deserves the most effective.” One of many deceased males, Dean Copkov, was a stunt man in motion pictures. His credit listed on Web Film Database embrace The Unbelievable Hulk, Pacific Rim and RoboCop. Two days after his demise, the Montreal Gazette reported he had been convicted of conspiring to smuggle medicine into Canada and was scheduled to look in court docket in Montreal for his sentencing listening to. Marg. Bruineman, Native Journalism Initiative Reporter, barrietoday.com
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