Latest news with #JosephPerfetto
CTV News
6 days ago
- CTV News
Honduran man gets life with parole in brutal murder of common-law spouse
A Honduran immigrant received a life sentence in court on Tuesday in the brutal killing of his common-law spouse, Shermaine Carling. The incident took place on Sept. 29, 2022. 41-year-old David Espinoza Montes had already pled guilty to second-degree murder in the stabbing death of Carling, who was 33 years old at the time. Justice Joseph Perfetto considered a joint submission on sentencing and agreed to a period of parole ineligibility of 12 years, starting from the date of the offence. 'I'm happy for the family that there's finality in this matter and my thoughts and prayers go out to them,' said assistant Crown attorney, Nicole Stortini. Espinoza Montes, who has no prior record, sat quietly in the courtroom as Justice Perfetto shared the sentence in his over an hour-long hearing. The judge shared with the court how the brutal attack saw Espinoza Montes stab Carling 48 times with a knife and a pair of scissors in a friend's house. Justice Perfetto characterized the incident as an act of intimate partner violence after Espinoza Montes became jealous and acted in a fit of rage. 'His Honour gave incredibly detailed reasons,' said Jayme Lesperance, assistant Crown attorney. 'It was very thorough. It followed all the jurisprudence that (Stortini) argued in front of him.' Justice Perfetto noted he carefully considered the victim impact statements. 'Which in my view speaks to the devastation of Mr. Espinoza Montes' offending,' he said. He took into account the statement from Carling's sister, who wrote how simple tasks are hard to undertake and that both of Carling's children have withdrawn from school because of the emotional anguish. He read a passage from the statement as Espinoza Montes listened. 'Losing her is such a betrayal at the hands of someone who she trusted has shattered our sense of safety and left an ache that seems impossible to heal. No words can fully express how empty our hearts feel without her,' he said. The emotional loss is coupled with the financial loss as Carling sent money home to the Philippines to care for her two children and family. 'We have been talking to the family,' Stortini said. 'Victim Services has also been engaging with the family a lot as well. They want to move forward in this matter, and they are still grieving.' Justice Perfetto said Espinoza Montes had applied for refugee status after his work visa expired and, at the time of the offence, was subject to immigration hearings. He pointed out neither the Crown nor defence discussed immigration status in their joint submission. 'I've got no idea what's going to happen with immigration,' Lesperance said. 'That's entirely out of the scope of our work. What the parole group chooses to do based on their algorithm and assessment is entirely up to them.' Justice Perfetto closed the hearing by addressing Carling's family, who joined through Zoom, saying, 'I hope as time passes you find healing and peace.'
CTV News
18-07-2025
- Politics
- CTV News
‘They're bombing us almost every single day': Windsor defence lawyer applauds restrictions to virtual courtroom
Ontario is no longer granting full public access to Zoom links for court proceedings. Criminal defence lawyer Patricia Brown said she has witnessed several inappropriate and offensive uses of the virtual platform in recent weeks. 'I just cannot believe this level of disruption that's happening,' Brown said. 'Before the last couple months, I've not experienced it.' Brown has had hearings derailed by participants who unmute themselves and make offensive, racist, pornographic or homophobic comments. 'They're essentially kind of taking over the court. It's extremely distracting. It causes a lot of disruption,' Brown said. Although she hasn't witnessed it personally, Brown said other courtrooms have also been derailed by a participant posting inappropriate images of swastikas or pornography in front of their camera. 'It is extremely offensive, to members of the public, staff, myself, and members of our community that are just trying to go about our business,' Brown said. She thanked Justice Joseph Perfetto Thursday, for asking Zoom participants to identify themselves during a murder sentencing hearing. Those who would not identify themselves Thursday were left in the waiting room and not given access to the Espinosa Montes proceedings. The judge referenced a new memo circulated this week from the Ministry of the Solicitor General (MAG). New rules for Zoom So-called 'Zoom Bombing' is not a new problem. It first arose at the start of the pandemic after the platform's usage skyrocketed as a way for everything from church to court to continue despite lockdowns. Five years later, its such a problem, MAG has now restricted all public access to hearing links. 'Effective immediately, the Court has advised that the public will not be permitted to observe proceedings virtually. If the public would like to attend, they will be required to do so in-person,' Assistant Deputy Attorney General Katie Wood wrote in a memo to court staff dated July 16. Wood said there has been a 'notable rise' in bombing incidents recently which she describes as 'deeply upsetting and unacceptable'. Victims or complainants will have to receive approval and a link from either the Crown's office, or staff with the Victim/Witness Assistance Program. The media must specifically request access from the Court Communications Officer and identify themselves before gaining access. MAG has also updated its 'Reporting Zoom Bombings' tool, as a 'critical' part of the problem and to 'support justice security investigation efforts'. MAG is also warning court staff to verify usernames even if they appear to be law enforcement, counsel, legal students or interpreters. Brown doesn't believe the restriction on virtual links flies in the face of the 'open court' policy. 'The open court policy is still here for individuals to come down to the courthouse,' Brown said noting standing up in court and yelling profanities would see a person removed. 'When you are in a courtroom there are certain rules you have to adhere to.' Eric Costaris, Crown Attorney for Windsor and Essex County deferred comment to MAG. CTV News has reached out to Zoom for comment.
Toronto Sun
07-05-2025
- Toronto Sun
Man who killed wife with axe in front of children to serve minimum 12 years
The case is covered by a publication ban that prohibits reporting details that could ID the children including the parents' names Scales of justice (Getty Images) A man who pleaded guilty to slaying his wife with an axe – a killing witnessed by the man's two children – was sentenced on Tuesday to life in prison with no chance of parole for 12 years. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account The decision was handed down by Superior Court Justice Joseph Perfetto, who described the March 12, 2022, killing of the woman at a north London home as 'callous' and 'senseless.' 'There was no mercy shown to the victim,' Perfetto said while delivering his sentence. 'There is nothing that this court can do to undo the past, and in particular the offence before this court. I wish that were different.' The sentence came a week after the accused, who is 55 years old, pleaded guilty to second-degree murder in the case that is covered by a publication ban that prohibits reporting any details that could identify the children, including the identity of their parents. On Tuesday, the court had the opportunity to hear statements written by the victim's children and a sister. In them, the victim was described as a 'loving mom' and a 'kind, caring and empathetic person.' Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. 'Words can't describe the amazing person my mom was,' the daughter said. She 'was loved by all who knew her.' The killing of their mother has left deep emotional and psychological scars in both children and a void that will never be filled, the son said. 'At first, I believed that it was somehow my fault and that I could have done more to defend my mother,' the son said in his statement. 'For about a year after, there did not go a day or hour where I did not think about killing myself.' In the victim's sister's statement, she said the family went to great lengths to hide from their elderly parents the real cause of their daughter's death in an attempt to spare them the pain that knowing the truth would cause them. 'She was the most beloved and proud daughter and sister in the family,' assistant Crown attorney Kristina Mildred read in court. 'Although we fabricated the lie that (he) caused (an) accident by driving recklessly, losing their beloved daughter . . . has left them devastated.' This advertisement has not loaded yet, but your article continues below. According to an agreed statement of facts between the Crown and the defence, the convicted man had grown increasingly suspicious of his wife for months, believing she had cheated on him and even questioned the paternity of their son. Court also heard London police were called by the victim's son on March 12, 2022, shortly before 6:30 p.m., after the children 'observed their father striking their mother with an axe repeatedly' in their home's basement. Officers found a man with blood on him and arrested him for murder. Two officers found a woman lying lifeless on the floor in the basement with severe injuries to her neck. A blood-covered hatchet was located near her body. The officers attempted life-saving measures, but the woman, whose screams could be heard in the 911 call, was later pronounced dead at the home. When delivering his sentence, Perfetto said the main mitigating factor was the accused's remorse, particularly the fact the man, who didn't have a criminal record, pleaded guilty even before a trial date had been set, sparing his children the need to testify in court. This advertisement has not loaded yet, but your article continues below. 'I'm deeply sorry for her family and for my two children,' the man, wearing a wrinkled white T-shirt, said Tuesday. 'I'm not going to say anything to make the court think I'm going to defend myself.' A conviction for second-degree murder carries a mandatory life sentence. It was up to Perfetto, however, to determine the man's parole eligibility term – how much time he must serve before he can apply for parole – which could have been set from 10 years to 25 years. 'In this case, the particularly brutal nature of the offence; the use of a weapon (against) a defenseless person in the context of an intimate partner relationship, and the profound and traumatic impact that (the man's) conduct has had on the children, justifies a departure from the 10-year minimum parole ineligibility period set on the Criminal Code,' he said. With files from Free Press reporter Jane Sims jjuha@ Read More Columnists Sunshine Girls Sunshine Girls Toronto Blue Jays Columnists
Toronto Sun
30-04-2025
- Toronto Sun
Jealous London, Ont. man pleads guilty to killing wife with axe in front of their kids
The victim's screams could be heard in the background of the 911 call Scales of justice The victim's screams could be heard in the background of the 911 call. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account On the phone was her teenage son who, along with his sister, had just seen their father striking their mother repeatedly with an axe in the basement of their north London home. The children were out of the house when London police got there within minutes. Officers called out that they were there as they entered the home. 'The accused came up from the basement and blood was observed on the accused's body and clothing,' assistant Crown attorney Kristina Mildred told Superior Court Justice Joseph Perfetto on Tuesday, when the man, 55, pleaded guilty to second-degree murder. A court-ordered publication ban is in place that covers anything that could identify the children, which would include the identities of their parents. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Mildred outlined the case in an agreed statement facts from the Crown and the defence. At the heart of the case was the man's belief that his wife had been cheating on him. In the months before he killed her, he suspected she had been unfaithful and questioned the paternity of their son. He went through old electronic devices that had belonged to his wife or contained her data. He copied various documents and asked about how to get a paternity test. On March 12, 2022 at 6:19 p.m., the couple was in the basement of the house. Their son was on the main floor and heard his mother call out her husband's name and then some 'thumping.' Their daughter also heard her mother yell. The children went to the basement and 'observed their father striking their mother with an axe repeatedly,' Milidred said. This advertisement has not loaded yet, but your article continues below. The son called 911 with his mother's cries heard in the background. The children left the house. The police arrived at the residence at 6:28 p.m. They went into the house and after seeing the man with blood on him, arrested him for murder. He indicated he wanted to speak to a lawyer but would require a translator. Two officers went down into the basement and found the woman lying lifeless on the floor with severe injuries to her neck. A blood-covered hatchet was located near her body. The officers attempted life-saving measures and paramedics arrived just minutes after police got there. The woman was pronounced dead at the house. She had injuries to various parts of her upper body, head and neck. 'The cause of death was multiple sharp-force trauma as a result of the accused repeatedly striking the victim in the neck with an axe,' Mildred told Perfetto. A conviction for second-degree murder carries a mandatory life sentence. What still has to be decided is the man's parole ineligibility term – how much time he must serve before he can apply for parole – which can be set from 10 years to 25 years The man's sentencing hearing is set to be heard on May 6. jsims@ Read More
