Accused needs a ‘lifetime of counselling' for murdering brother in Lakeshore: Crown attorney

CTV News

6 hours ago

A teenager has pled guilty earlier this year in a murder trial where a 12-year-old boy was killed. CTV Windsor's Michelle Maluske has the latest.
WARNING: This article contains graphic details that some readers may find disturbing. Readers' discretion is advised.
Eric Costaris is arguing for an adult sentence for a youth who was 16 when he killed his 12-year-old brother.
A publication ban prevents the media from identifying the accused, or any evidence which might identify him.
The youth pleaded guilty earlier this year to second degree murder for killing his younger brother in their home in Lakeshore in April 2023.
Court learned the youth first tried to set his brother on fire by lighting his hair on fire with bug spray and then he proceeded to strike his brother repeatedly with a baseball bat.
Autopsy results released Thursday found the boy died of blunt force head trauma. He also had defensive wounds on his hands and arms.
'The offence is nothing short of chilling,' Costaris said, describing the accused actions as a 'sudden and unprovoked attack' on an 'absolutely vulnerable' victim just moments after he got home from school.
In order to achieve an adult sentence, the crown must 'satisfy' Justice Bruce Thomas that the accused has a low moral blameworthiness (i.e. He was too young to understand what he was doing or the consequences) and that a youth sentence won't hold him accountable for his actions.
'Callously indifferent' statement
Costaris played the interview between the accused and the OPP the night of the killing.
He described the accused as 'callously indifferent' throughout.
The accused told police he had no feelings at all after the killing, admitted he knew his actions would have consequences and offered no reason for why he attacked his brother in the first place.
'I just had thoughts about it, and I simply did it,' the accused told police.
'It's not that I'm disgusted of what I've done, its more of, like, it doesn't matter to me, I guess.'
After the killing and up to today, the accused has given no explanation for what happened and he refuses to speak about his motive to jail staff or doctors, according to Costaris.
A doctor – who has assessed the accused for the hearing – is worried about that lack of self-reflection.
'Without such knowledge, it will not be possible to prevent a similar such incident from arising again,' the doctor wrote.
Costaris told the court the accused has had access to counsellors and therapists almost his entire life and none of it seemed to help the young man.
Rehabilitation concerns
'This is not a kid influenced by others, this is not a kid on social media, this is not somebody who thought it would be cool because he was drinking or was on drugs and just had a tiff with his brother. That's not it. Its' so much deeper than that,' Justice Thomas opined.
The judge said he is concerned the accused thought about his actions, carried them out, tried to hide the evidence by attempting to set his house on fire, left his brother dying on the floor, took the murder weapons, and ran from the home, without calling authorities.
Yet the judge is wrestling with the accused's future; whether he goes to prison or a youth facility, at some point he will be released.
'When he walks out that door, how best can I, on behalf of the public, equip him to walk out that door and carry on with his life that doesn't endanger anyone else?' the judge asked.
Youth vs. adult sentence
If the judge agrees with the crown and sentences the accused as an adult, he can apply for parole seven years after the crime (2030). He would face parole conditions for the rest of his life, i.e. Where to live and work.
If he is sentenced as a youth, the accused would be incarcerated for four years, then under 'community supervision' for three years.
Once a youth sentence expires, there are no further restrictions, according to the crown.
Costaris said the accused needs a 'lifetime of counselling'.
'Untreated' medical issues
The defence is arguing for a youth sentence so the accused can continue with counselling and programming he started after he was arrested in 2023.
Julie Santarossa said her client has suffered 'significant mental health issues his entire life', many of which have gone untreated.
However, all lawyers concede the accused family have taken him to multiple professionals over the years, been supportive and tried to get him the help he needed.
Court learned just weeks before the killing, the accused was taken to a therapist because his family noticed he was quiet, withdrawn, had no appetite, and stopped doing the things he loved.
His home life was described as a 'stable, loving, two-parent household.'
Santarossa noted since he was arrested, there have been no 'behaviours' while in jail.
The defence is arguing the accused's 'negative self-image' from 'chronic social rejection' left him immature and unable to fully comprehend the impact his actions would have on himself and his parents.
They want him to continue at Sprucedale Youth Centre for as long as possible, where his needs can be 'best mitigated'.
They told the judge if there is no progress on their client's rehabilitation after three years, the court can intervene and reconsider the sentence.
The hearing will continue Friday.