The person accused of stabbing 16-year-old Gabriel Magalhaes to loss of life in Keele subway station had been launched by an Ontario court docket decide on a probation order for a number of offences, together with sexually assaulting a Toronto girl, lower than two weeks prior, newly obtained court docket data present.
These court docket data additionally present the now 22-year-old Jordan O’Brien-Tobin has been ordered by GTA judges to attend counselling for his “psychological well being points” in addition to substance abuse.
Taken collectively, the paperwork obtained by the Star Wednesday paint an image of a younger man who, bouncing out and in of homeless shelters, has been earlier than the courts on legal fees for his complete grownup life and continued to commit new offences regardless of a number of arrests, jail time and a sequence of probation orders.
Saturday’s arrest seems to be essentially the most brutal escalation in an extended string of fees — throughout the GTA and between two provinces — that embrace a number of violent offences, some with edged weapons, and a number of convictions for failing to adjust to launch orders.
In accordance with Toronto police, Magalhaes was approached, unprovoked, and stabbed whereas sitting on a station bench within the decrease stage of the busy station round 9 p.m. Saturday.
The paperwork obtained by the Star on O’Brien-Tobin’s legal historical past will not be a full accounting of his previous fees. The Star has requested the Ontario court docket system’s public data of his legal historical past by way of the Ministry of the Lawyer Common. As of Wednesday, the ministry continues to work on the request.
Because of this, it isn’t clear if O’Brien-Tobin had different Ontario fees; the data additionally don’t embrace any youth legal document, if it exists, which is strictly protected by the courts.
On March 10 of this 12 months, an Ontario Court docket decide in Toronto sentenced O’Brien-Tobin to sooner or later in custody with a two-year probation order for a number of offences, together with convictions for sexually assaulting a Toronto girl in October 2021 and failing to adjust to a earlier launch order in April 2022. The decide’s ruling accounted for 100 days served in pretrial custody.
The probation order — which is completely different from a bail order and being launched forward of sentencing — contains customary circumstances like protecting the peace in addition to having no contact with the sufferer, not possessing any weapons and attending all counselling, assessments or rehabilitative packages for substance abuse and sexual boundaries, as decided by his probation officer.
There is no such thing as a indication as to what assessments or packages have been assigned, if any, nor if he complied with them.
Concurrently his arrest within the October 2021 intercourse assault, O’Brien-Tobin was additionally charged with harassment and theft on the identical sufferer and with mischief for allegedly damaging an digital monitoring bracelet. These fees have been withdrawn by the point he was sentenced earlier this month to probation over the intercourse assault.
Data from a Brampton court docket present O’Brien-Tobin was beforehand arrested for assaulting a person in Mississauga with a boxcutter on July 10, 2022, and failing to adjust to a number of phrases of probation orders in Toronto and Newmarket.
He was sentenced in September to 150 days in jail, 18 months probation, and included a five-year weapons ban. He was additionally ordered to, inside 21 days of being launched, search a prognosis from a health-care skilled for his “psychological well being points” in addition to attend counselling or rehabilitation for psychological well being and substance abuse.
The oversight for these circumstances would have been the duty of his provincial probation officer. It’s not clear if these circumstances have been met.
Final April, O’Brien-Tobin was arrested for assaulting and threatening a Toronto man. Court docket data present he plead responsible on each counts and was sentenced to 36 days in custody. After being launched, he was ordered to adjust to the usual probationary circumstances in addition to to not possess any weapons. The time period of these circumstances was 12 months from his launch.
In 2021, O’Brien-Tobin was charged with assaulting a special man in Mississauga with a pair of scissors. He was additionally charged with failing to adjust to launch orders, together with a situation that he stay at a North York shelter in a single day.
He was sentenced that September to 30 days in custody and was issued a weapons ban.
The Star additionally obtained a much less detailed listing of Toronto fees for O’Brien-Tobin that date again to September 2020.
They embrace extra assaults, theft beneath $5,000 and public mischief.
It’s not clear from this listing how any of the fees have been resolved or in the event that they have been withdrawn and it’s additionally not recognized in the event that they resulted in any extra jail time or probation.
Throughout that point, O’Brien-Tobin’s listed addresses seem to indicate him bouncing between homeless shelters and intervals of residing with “no fastened handle.”
A probation order is a sort of sentence that’s an alternative choice to jail time, permitting an offender to serve a sentence in the neighborhood whereas beneath the supervision of a probation officer. Probation, which is usually reserved for less-serious offences, falls beneath provincial jurisdiction.
The Canadian Press beforehand reported O’Brien-Tobin was wished for allegedly breaching a Newfoundland court docket order and had a prolonged legal historical past in that province, largely for non-violent offences and breaching circumstances.