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Youth acquitted of second-degree murder in robbery gone wrong

'Having considered the totality of the circumstances, this court finds (the youth) not guilty of second-degree murder; in fact, not guilty of any crime," judge rules
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Police investigate at the Tim Hortons on Westmount Drive in this file photo from July, 30, 2018, after a man was stabbed to death. Dave Dawson/OrilliaMatters

A youth has been acquitted in the Orillia stabbing death of Jordan Carter-Bonfield during the summer of 2018 in a robbery gone wrong.

“It was clear to me that there was an abundance of evidence… to (show) self-defence,” said the youth’s criminal lawyer, David Heath. “Really from the time of the incident the police investigation centred on the fact that it appeared there was a robbery planned.”

Emergency crews were summoned to the Tim Hortons coffee shop on Westmount Drive North at 7:35 a.m., July 30, 2018, where they found Carter-Bonfield, 25, with a neoprene black face mask under his chin and suffering from several stab wounds. 

He was declared dead at the scene.

The cause of death was later attributed to a stab wound of the right chest and neck.

Police subsequently issued an alert that they were looking for a suspect. Five days later, a youth surrendered to police in Toronto and was charged with second-degree murder.

“There is no question that (the youth) caused the death of Jordan Carter-Bonfield at the time and place alleged. The focus of this trial was on whether (the youth) caused that death unlawfully and with the requisite state of mind for second-degree murder,” Justice Vanessa Christie of the Superior Court of Justice of Ontario wrote in her decision dated Nov. 25 following a nine-day trial at the Barrie courthouse.

In the 146-page decision, the judge pointed out that on Sept. 23, 2019, Zachary Jones-Sheppard pleaded guilty to one count of conspiracy to commit robbery in connection with the event. On Oct. 30, 2019, Miles Mathias pleaded guilty to one count of conspiracy to commit robbery.

They admitted being at an Albert Street house in Orillia with Carter-Bonfield and Donnie Johnson earlier, planning to buy drugs. After meeting with the youth three times to make purchases, they hatched a plan to rob him of drugs, according to details in the decision.

Charges were dropped against Johnson, who testified for the Crown at the youth’s trial.

The presence of cocaine and cocaine metabolite were later found in Carter-Bonfield’s blood.

Christie found the four drove a borrowed car and parked near the Bank of Montreal at Westmount Drive and Coldwater Road where Jones-Sheppard and Mathias waited while Carter-Bonfield and Johnson went to meet the youth in the woods across the street behind Tim Hortons.

Carter-Bonfield was then stabbed in an altercation while trying to rob the youth.

Johnson ran back to the car to tell the others about the stabbing. Mathias called 911 and then the three took off in the car.

At his trial, the youth claimed he acted in self-defence, saving himself from being stabbed as he faced his robber, a much larger man who was armed with a knife.

In contending the youth’s guilt, the Crown pointed to his behaviour after the stabbing. He went back to the scene to retrieve his shoes, threw his knife into a lake, changed his clothes, went to a crackhouse and secluded himself in the washroom where he shaved his head and tried to alter his appearance. He then left Orillia.

The judge found that the youth became frightened when, approaching along the footpath, a masked Carter-Bonfield raised his head and appeared in front of him quickly while pulling out a knife.

“(The youth) reacted by grabbing the right wrist of Mr. Carter-Bonfield with his left hand, and with his right hand, pulled his own knife out of his hoodie pocket, opened it, and swung that knife in the direction of Mr. Carter-Bonfield, several times,” Christie wrote, concluding that the Crown prosecution failed to disprove self-defence.

“Having considered the totality of the circumstances, this court finds (the youth) not guilty of second-degree murder; in fact, not guilty of any crime," the judge added. 

Heath said the youth was released on bail in December 2018 and has since been thriving.

“He and his family are looking forward to having an opportunity to get on with his life,” he said.