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Alleged harasser-cop investigated for Tasering handcuffed suspect in cruiser

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A burly Toronto cop accused of sexually harassing a female colleague is now under investigation for allegedly repeatedly tasering a handcuffed suspect in the backseat of his cruiser.

Const. Ryan Kotzer was placed on administrative duties at 51 Division last week after an in-cruiser recording of his interaction with a belligerent suspect on Jan. 27-28 was viewed by senior officers.

Sources told the Sun the suspect was attempting to kick out the cruiser’s window when Kotzer punched the suspect and repeatedly tasered him.

It’s also alleged that Kotzer has a higher-than-average number of use-of-force reports filed.

Sources said 51 Division officers were told to keep quiet about the incident due to unfavourable publicity stemming from a recent Ontario Human Rights complaint filed by Const. Firouzeh “Effy” Zarabi-Majd, which alleged she rebuffed sexual advances from colleagues — including Kotzer — and superiors and endured sexist, racist slurs during her 10-year career at the downtown division.

Insp. Peter Moreira forwarded the recording of Kotzer’s interaction to Professional Standards.

Moreira — best-known as a co-lead detective on the rich philanthropist Glen Davis murder in 2007 — declined comment as the matter is under investigation.

Toronto Police spokeswoman Meaghan Gray confirmed an internal investigation is underway.

Toronto Police Association president Mike McCormack said every officer’s use of force “should be judged on its merits based on the circumstances surrounding the situation.

“If his use of force was justified — as it has been in the past — then it shouldn’t be an issue here,” said McCormack.

“The use of a Taser is encouraged when possible to de-escalate conflicts so that officers don’t have to resort to use of deadly force,” said McCormack.

“However, this is under investigation, so I cannot comment specifically on this.”

In her human rights complaint filed last year, Zarabi-Majd — an Iranian-born Muslim — alleged that  Kotzer and fellow officer Det.-Const. Christopher Hoeller threatened in 2014 that if she didn’t have sex with both of them they’d spread false rumours about her having a threesome.

 Zarabi-Majd, 37, has been diagnosed with Post Traumatic Stress Disorder.

Her complaint is the third similar complaint of sexual harassment in under a year within the police service.

spazzano@postmedia.com


Cops saved Bruce McArthur’s ninth victim from slow, torturous death: Judge

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Handcuffed and helpless, “John” was facing a slow, painful death by twisted serial killer Bruce McArthur, says the judge who sentenced the sexual predator Friday.

Toronto Police had McArthur under surveillance and rushed in to save the Middle-Eastern immigrant, who was handcuffed to a bed and had his head covered with a black bag.

John, whose identity remains a secret, was freed after officers busted McArthur at his apartment last year.

“I have no hesitation in concluding that if it were not for the police intervention on Jan. 18, 2018, John would have been the ninth victim of Mr. McArthur,” said Justice John McMahon, adding McArthur was under surveillance by September 2017.

Serial killer Bruce McArthur. (Facebook)

“The killings only ended because of the accused’s eventual apprehension. The police had a breakthrough in the investigation in relation to the killing of his last victim, Andrew Kinsman, who was reported missing within a day of his disappearance on June 26, 2017,” he said.

Kinsman marked the name “Bruce” on his calendar, “which gave the police the key clue that helped bring the accused to justice,” McMahon said.

The early report enabled police to seize security video footage before it was overwritten and identify the vehicle McArthur drove to pick up Kinsman outside his downtown home.

The eight men murdered by Bruce McArthur in Toronto.

McArthur had lured eight other innocent men under the pretext of sex. He then strangled them and degraded them by posing them naked with ropes around their necks and unlit cigars in their mouths for photos.

He stored those despicable images on individual files on his electronic devices, labelling one file for each victim.

McArthur already had a photo file for “John,” court heard.

While the judge praised the police for their stellar work on the eighth murder victim — and the sparing of a possible ninth — McMahon made no comment on the earlier investigation into the previous seven sadistic slayings.

“This is a crime of stark horror,” the prosecution said in a statement released Friday. “The murder of eight of our citizens has impacted many, family, chosen family, the LGBTQ community, and the city in which we live and work.”

“Although there can be no closure for a crime of this magnitude, we hope the eight convictions for first-degree murder will assist our community in beginning a new chapter in healing,” the statement added.

Serial killer Bruce McArthur’s bedroom. (Court Exhibit)

The judge also credited Crown attorneys Mike Cantlon, Craig Harper, Andrew Max, Gabriel Ho and Anna Tenhouse as well as McArthur’s counsel James Miglin for resolving this brutal case and revealing the disturbing details to the public — without a traumatizing four-month trial.

Miglin ably represented his client, an horrific offender, who waived a preliminary hearing after reviewing the “overwhelming” Crown case, leading McArthur to plead guilty within 13 months of his arrest, said McMahon.

“McArthur’s guilty plea…avoided the necessity of a three to four month trial,” he said. “More importantly, the accused has saved the victims’ families, friends and the community at large from enduring a graphic public trial which would have been a nightmare for everyone.”

spazzano@postmedia.com

TIMELINE OF TORONTO SERIAL KILLER BRUCE MCARTHUR’S CASE

September 2010: Skandaraj Navaratnam, 40, disappears from Toronto’s gay village.

Dec. 29, 2010: Abdulbasir Faizi, 42, is reported missing to Peel Regional Police, west of Toronto. He was last seen in Toronto’s gay village.

October 2012: Majeed Kayhan, 58, of Toronto, is reported missing.

November 2012: Police launch Project Houston to investigate the disappearances of Faizi, Navaratnam and Kayhan.

April 2014: Police close Project Houston, saying none of their findings would classify anyone as a suspect of a criminal offence.

August 2015: Soroush Mahmudi, 50, of Toronto, is reported missing.

May 2016 – July 2017: Police believe Dean Lisowick, 43 or 44, of no fixed address, was killed by McArthur during this time span.

April 14, 2017: Selim Esen, 44, is reported missing.

June 26, 2017: Andrew Kinsman, 49, is reported missing.

August 2017: Police launch Project Prism to investigate the disappearances of Esen and Kinsman.

September 2017: Project Prism officers identify McArthur “as someone to be included or excluded as being involved in the disappearance of Andrew Kinsman.”

Dec. 8, 2017: Police Chief Mark Saunders says the force will review its practices in missing persons investigations. He says there’s no evidence to suggest a serial killer is walking the streets of Toronto.

Jan. 17, 2018: Police uncover evidence suggesting McArthur was responsible for both Kinsman and Esen’s deaths, along with the deaths of other unidentified people.

Jan. 18, 2018: McArthur is arrested and charged with first-degree murder in the deaths of Esen and Kinsman. Police say McArthur is believed to be responsible for other deaths.

Jan. 19, 2018: McArthur has his first court appearance.

Jan. 29, 2018: McArthur is charged with first-degree murder in the deaths of Mahmudi, Kayhan and Lisowick. Police say more victims may be identified.

Feb. 8, 2018: Police say they’ve recovered the remains of six people from planters at a house where McArthur worked as a landscaper, and say they expect more charges.

Feb. 13, 2018: Police say excavation at the home’s backyard turned up no human remains, but suggest they may “revisit the scene” when the weather warms up.

Feb. 23, 2018: Police lay a sixth charge of first-degree murder against McArthur, identify Navaratnam as one of the alleged victims whose remains were found in the planters.

March 5, 2018: Police say they’ve recovered the remains of a seventh person linked to McArthur.

April 11, 2018: Police lay a seventh murder charge against McArthur in Faizi’s death.

April 16, 2018: Police lay an eighth murder charge against McArthur in the death of Kirushna Kumar Kanagaratnam, who came to Canada from Sri Lanka.

Jan. 29, 2019: McArthur pleads guilty to all eight charges of first-degree murder.

Feb. 8, 2019: McArthur, 67, is sentenced to life in prison with no chance of parole for 25 years.

— THE CANADIAN PRESS

Law society probes lawyer’s relationship with terrorist client

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A Toronto criminal lawyer faces an investigation into her relationship with a terrorist client after jail-guards alleged they saw videos of her crawling under the table during jail-house visits, the Toronto Sun has learned.

Rishma Gupta promised the Law Society of Ontario on Sept. 4, 2018 that she’d stop practising while law society investigators pursued their probe of her relationship with alleged terrorist client Pamir Hakimzadah.

Pamir Hakimzadah

She is not admitting to the alleged “professional misconduct or lack of capacity to practise law at this time,” her Aug. 28, 2018 undertaking to the law society stated.

By making this undertaking, Gupta avoided a public temporary licence suspension hearing where the allegations that prompted the investigation would have been revealed, sources told the Sun.

On Feb. 1,  2019, Hakimzadah pleaded guilty to terrorism charges in Toronto as he admitted he left Canada to participate in ISIS terrorist activity on the same day day Parliament Hill was attacked by a gunman who murdered Cpl. Nathan Cirillo.

Hakimzadah, now 29, flew from Toronto to Amsterdam on Oct. 22, 2014 and then travelled to Istanbul, Turkey the next day, court heard. Hakimzadah, who will be sentenced Feb. 26, is now represented by Toronto criminal lawyer Luka Rados.

While Hakimzadah was represented by Gupta, she visited him at Toronto South Detention Centre in a private meeting room which allows an an inmate and a lawyer to face one another at a wall-to-wall table.

Guards, who intermittently monitor these rooms through a window, allegedly spotted Gupta with her feet on Hakimzadah’s lap as he massaged them, sources told the Sun.

Gupta was issued a warning, but on a subsequent visit,  guards allegedly caught her repeating this  behaviour and suspended her visiting privileges with her client.

Guards reviewed previous videotaped visits by Gupta and allegedly discovered she crawled under the table towards her client on multiple occasions.  None of the allegations have been proven.

“She has co-operated with the law society, but she’s not the subject of a disciplinary hearing,” said Gupta’s lawyer, Nadia Liva, in an interview. “She denies any inappropriate sexual contact with any client.”

The law society doesn’t comment on active investigations.

Gupta, who passed the bar in 2014, “was an assertive lawyer with a large number of clients,” said a member of the large downtown firm where  she worked before leaving and signing the law society undertaking.

Hakimzadah was charged  in 2017 with leaving the country to join a terrorist group on or about Oct. 22, 2014, the day that Cirillo was murdered by a man who pledged allegiance to the Islamic State and just two days after another follower fatally ran down Canadian Forces Warrant Officer Patrice Vincent in Saint-Jean-sur-Richelieu.

Speaking outside a downtown courthouse after Hakimzadah’s 2017 arrest, Gupta told reporters her client was “kind of shocked by these charges.

“He’s upset,” Gupta told Global News after her client appeared briefly in April 2017. “They’re serious charges.”

Hakimzadah’s plan was foiled when a Turkish cabbie suspected “he was trying to join ISIS and turned him over to the police,” court heard on Feb. 1 when he pleaded guilty to those serious charges.

Turkish authorities deported him back to Canada on Nov. 19, 2014 and banned him from entering Turkey for one year. After he returned from Turkey, the young man “privately admitted that he left Canada for the purposes of contributing to the fight for Allah but authorities caught and detained him,” court heard on Feb. 1.

spazzano@postmedia.com

Eaton Centre killer suffered from PTSD but was shooting for revenge

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Eaton Centre shooter Christopher Husbands killed two people and wounded others to exact revenge against the men who stabbed and left him to die months earlier, court heard Monday.

“He knew exactly what he was doing,” said Crown attorney John Cisorio in his closing to the jury.

“These murders had nothing to do with his Post Traumatic Stress Disorder but had everything to do with payback,” said Cisorio. “People with PTSD can get angry and can still act voluntarily and intentionally.

“His actions were not impulsive. He didn’t shoot them instanteously. He waited until they passed  him and their backs were to him. He knew what he was going to do and did it.”

The prosecution is alleging Husbands targeted Nixon Nirmalendran, 22,  on June 2, 2012 after he and others brutally beat and stabbed  Husbands in February 2012.

Husbands has pleaded not guilty to two counts of second-degree murder for the deaths of Nixon Nirmalendran and Ahmed Hassan, 24, who died on the Eaton Centre food court floor. Nirmalendran died nine days later, succumbing to complications from a bullet wound.

Husbands also pleaded not guilty to five counts of aggravated assault and one count each of criminal negligence causing bodily harm and reckless discharge of a firearm.

The vicious February 2012  ambush scarred Husbands physically and emotionally and he suffered from PTSD, paranoia and hypervigilance afterwards, court has heard.

His lawyer Dirk Derstine argued in his closing that Husbands suffered from a  state of dissociation at the time of the Eaton Centre shooting and therefore was not criminally responsible for his actions.

Cisorio argued Husbands’ actions were consistent with someone who intended to kill — not someone who didn’t know what he was doing.

“He gunned them down from behind. Nixon Nirmalendran had eight gun shots. Husbands executed Nixon as he lay on the ground at his feet,” said Cisorio.

Husbands refused to tell the police the names of his knife-attack assailants “because he chose to take the law into his own hands … street justice,” said  Cisorio.

The jury begins its deliberations on Thursday.

spazzano@postmedia.com

Shoeshine boy killer rejected for escorted day passes

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Notorious shoeshine boy killer Saul Betesh lost his bid for escorted temporary absences — his first attempt to secure a sniff of freedom since  being sentenced to life in prison for the 1977 sex slaying of Emanuel Jaques.

Betesh, 68, appeared before a Parole Board of Canada panel in British Columbia’s Pacific Institution to ask for escorted temporary absences (ETA). The passes permit an inmate to attend a program or to perform community work outside prison — with an escort — for a few hours before returning to a cell the same day.

Emanuel Jaques

Betesh — who has been eligible  for parole since 2009 — was convicted of the vicious July 1977 rape and murder of 12-year-old Jaques, which propelled Toronto to clean up a seedy section of Yonge St. overrun with bodyrub parlours and strip clubs.

Jaques was working as a shoeshine boy at the corner of Yonge and Dundas Sts. to save money to buy dog food for the new puppy promised him by a neighbour in Regent Park.

Betesh worked as a steel rigger on the CN Tower by day and as a gay S&M prostitute by night.

He and his best friend, Robert “Stretcher” Kribs, a bouncer at a massage parlour,  had lured children to Kribs’ apartment with promises of cash, bikes and kites so the pedophiles could molest their prey.

The sick killers approached the Jaques brothers and their friend, offering them $35 to help move some camera equipment.

Emanuel  was held captive and raped for 12 hours. The killers drowned him and left his bruised, naked remains in a trash bag atop the roof of a body rub business.

Kribs pleaded guilty to first-degree murder. Betesh was found guilty after a jury rejected his insanity defence and he has been rotting in a prison cell for the last 41 years.

Kribs applied for parole, but was refused.

spazzano@postmedia.com

 

 

Ex-model and budding entrepreneur faces deadly hit-and-run rap

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Cyclist Danna Osbourne spotted a drunken man laying on Nuthatch Lane “positioned like a ‘starfish,'” taking up half the lane as she was riding to her Cabbagetown home at 3:55 p.m. on Sept. 21, 2018.

The conscious man — Michael Watts — assured Osbourne that he was “okay.”

It was the last word Watts would utter.

Five minutes later, Watts was run over by a vehicle and dragged for several metres suffering fatal blunt force injuries, according to police court documents that outlined the investigation.

Watts, 57 and homeless, succumbed to those injuries within 70 minutes at St. Michael’s Hospital.

Initially, investigators thought Watts’ death was a homicide, but later concluded he was a victim of a motor vehicle collision, the document alleged.

Two people phoned police to say they discovered the dying Watts at the scene just south of Doctor O Lane.

Last month Toronto Police charged one of those callers, Michelle Shemilt, with leaving the scene of the deadly accident and criminal negligence causing death.

Shemilt, 34, a former model and bank equity trader, quit that job in 2011 to design organic bamboo women’s undergarments designed to absorb sweat.

She appeared on CBC’s Dragons Den television program.

Her case comes to court for the first time on Thursday, but Shemilt won’t be appearing — her lawyer Daniel Brown will show up on her behalf.

“This is a tragic situation,” said Brown.

“Ms. Shemilt will vigorously defend her innocence and we ask that people not rush to judgment without hearing all of the evidence.”

Renowned author Michael Ondaatje was driving home in his silver Audi sedan when he spotted Watts’ body in the laneway.

“Ondaatje said he didn’t know if Watts was alive. The right side of his face was torn down and he couldn’t see an eye,” police quoted him when he phoned at 4:05 p.m.

He was eliminated as a suspect because his car — which had a low clearance of 18 cm (seven inches) — showed no damage.

Shemilt phoned the first time to say she was walking home and “saw somebody lying in the middle of the lane and didn’t know if they needed help or not.”

The call went to Emergency Medical Services.

During a second call, she said she “was driving home” so she phoned police and was told an ambulance was on its way.

The discrepancy led officers to see her as a suspect.

spazzano@postmedia.com

Chair tosser influenced by peer pressure: Lawyer

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Strong peer pressure compelled a 19-year-old woman to hurl a chair over a highrise balcony down to Maple Leaf Square where it shattered, her lawyer said on Wednesday.

Marcella Christianna Zoia, 19, a dental hygenist student, was released on bail Wednesday after Toronto Police charged her with mischief endangering life, mischief damage to property valued under $5,000, and being a common nuisance.

Speaking after his client’s bail hearing, lawyer Greg Leslie said the woman had  a “momentary lapse in judgment” when she pitched a chair over the 55 Bremner Blvd. balcony. He added Zoia, who works as a bottle server at high-end bars, was under strong pressure from others to launch the chair.

“It’s clear Ms. Zoia is the one who threw the chair,” said Leslie. “This is not a case whereby we don’t know who did it. It was absolutely peer pressure and a momentary lapse in  judgment.”

He added the media put her under a microscope for three days, saying she’s embarrassed and  has endured a “traumatic experience.”

Video of the notorious chair toss went viral. Police issued a call for the public to help identify Zoia who is shown throwing a chair — which misses the Gardiner Expressway and hits the street below — over a balcony.

After her bail hearing, Zoia applied lipstick and straightened her hair on the elevator ride before staring silently at the cameras outside the College Park courthouse.

Marcella Zoia, 19 , leaves College Park Courts on Feb. 13, 2019. (Stan Behal, Toronto Sun)

“She wished it never happened. She never wished  anyone  would be hurt,” said Leslie. “She understands the public outrage.  You all heard what’s going on in the video. Those people were putting peer pressure on her.”

Leslie said the police are continuing their investigation into the incident.

Zoia was released on a consent bail of $2,000 and was ordered to live with her mother Maria, a cleaner, at her Harding Ave. home.

Justice Rebecca Rutherford also ordered Zoia to obey her mom’s rules and routine. Leslie said the judge refused to impose conditions banning her from balconies and highrise apartments because it’s unreasonable.

Zoia was also prohibited from contacting the other four people on the balcony or from possessing any weapons, ammunition, explosives or intimidating device.

She returns to court March 22.

spazzano@postmedia.com

Toronto ISIS terrorist sentenced to 7 years in prison

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A mentally-ill Scarborough woman who attacked workers at a Canadian Tire in a terrorist incident was sentenced Thursday to seven years in prison.

Rehab Dughmosh was found guilty of four terrorism-related charges — including trying to travel to Syria to join ISIL in 2016.

In June 2017, Dughmosh swung a golf club and a butcher’s knife at store employees while she was draped in an ISIL banner and wearing an ISIL bandanna.

Dughmosh’s mental illness — likely schizophrenia — “played a central role in the attacks at Canadian Tire,” said Justice Maureen Forestell in her judgment.

“Her symptoms were intense and overwhelming at that  point. Her illness also played a role in the commission of the offence to leave Canada to participate in a terrorist group because her illness rendered her vulnerable to extremist beliefs,” said Forestell of the 34-year-old first-time offender and mother of two children.

If not for her mental illness, Forestell agreed with Crown attorneys Jason Wakely and Jennifer Conroy that Dughmosh should have received a 10 to 12-year prison sentence for terrorist crimes.

Under treatment over the last year, Dughmosh’s mental health has steadily improved and is in partial remission but she remains a potential threat, court heard.

“I recognize that … Ms. Dughmosh, even with treatment and partial remission of her illness, continues to endorse extremist beliefs,” said Forestell.

“Continued support for ISIS, even though it is related to her illness, may make Ms. Dughmosh dangerous to the public.”

“Terrorists … pose an existential threat to the Canadian community and to the Canadian way of life,” said Forestell quoting a recent Court of Appeal judgment.

“They are not criminals in the normal sense. They are worse.

“Terrorists stand prepared to engage in virtually any form or murder or mayhem if it furthers their ideology. When people determined to wreak havoc in our community are caught and convicted, the courts must impose sentence that reflect the community’s moral outrage and the very real danger posed … to the community,” said Forestell.

Dughmosh has roughly 4-and-a-half years left to serve on her sentence after credit given for time already served, court heard.

Wakely saluted the brave men and women at Canadian Tire who disarmed Dughmosh without harm and defused a dangerous situation.

Dughmosh told the clerks who arrested her that she wanted to kill Canadians as revenge for Muslims killed in Syria and Iraq.

spazzano@postmedia.com


Ex-model will ‘vigorously defend her innocence’ in fatal hit-run

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The lawyer for alleged hit-and-run driver and ex-model Michelle Shemilt says she’ll defend her innocence in the heart-breaking death of homeless man Michael Watts.

“This is a tragic situation,” said defence lawyer Daniel Brown, who showed up in place of his client at College Park courts on Thursday.

“Ms. Shemilt will vigorously defend her innocence and we ask that people not rush to judgment without hearing all of the evidence.”

The case was adjourned until March 7.

Watts, 57, was spotted by cyclist Danna Osbourne laying across Nuthatch Lane “positioned like a ‘starfish,’” as she was riding to her Cabbagetown home at 3:55 p.m. on Sept. 21, 2018.

Five minutes later, Watts was run over and dragged for several metres suffering fatal blunt-force injuries, according to police court documents that outlined the investigation.

Watts, who was homeless, later died from his injuries at St. Michael’s Hospital.

Initially investigators thought Watts’ death was a homicide, but later concluded he was a victim of a motor vehicle collision, the document alleged.

Two people phoned police to say they discovered Watts dying at the scene, just south of Doctor O Lane.

Last month Toronto Police charged one of those callers, Shemilt, with leaving the scene of the deadly accident and criminal negligence causing death.

Shemilt, 34, a former model and bank equity trader, quit that job in 2011 to design organic bamboo women’s undergarments designed to absorb sweat.

She appeared on CBC’s Dragons Den television program.

Shemilt phoned the first time to say she was walking home and “saw somebody lying in the middle of the lane and didn’t know if they needed help or not.”

The call went to Emergency Medical Services.

During a second call, she said she “was driving home” so she phoned police and was told an ambulance was on its way.

The discrepancy led officers to see her as a suspect.

spazzano@postmedia.com

Accused killer’s history of violence and ties to 2012 Danzig mass shooting

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Naod Tsezagab is back behind bars just 13 months after serving all but one month of a seven-year prison sentence for attempted murder.

The 22-year-old, who was on bail for a possession of a bullet charge in March 2018, is now accused of murder in his old neighbourhood.

Tsegazab, aka “Gritty,” was only 16 when he shot another teen in September 2012 in retaliation for his big brother’s shooting at the Danzig St. block party that ended in a deadly gunbattle six weeks earlier.

Tsegazab pleaded guilty to attempted murder in 2015 and was sentenced as an adult to seven years behind bars.

Shyanne Charles, left, Joshua Yasay, right, were killed and nearly two dozen wounded in a shooting outside a community housing complex on Danzig St. on July 2012.

In that incident, Tsegazab travelled from his Galloway neighbourhood to Chester Le Blvd. — near Victoria Park and Finch Aves. — and hunted down Folorusu Owuso, who fired the first shot in the Danzig mass shooting that left Tsegazab’s older brother Nahom wounded.

The younger Tsegazab shot Owuso in the leg, then stood over his body and tried to shoot him in the head, but his gun jammed, court heard.

“You shot the victim in retaliation for shooting your brother at a community event six weeks prior,” stated a Parole Board of Canada decision in April 2017. “You acknowledge you acted impulsively on a rumour and didn’t think about the consequences.”

“You reportedly take full responsibility for your offending.”

Tsezagab was “identified as a gang member,” but he denied that designation, the decision stated. He was never paroled but was freed last January on statutory release under conditions barring him from 43 Division (where his latest offence allegedly occurred) and associating with gang members or drug subculture.

His sentence ended last February, so his release conditions don’t apply afterwards.

“Your association with people involved in criminal activity, the drug trade or street gang activity will elevate your risk to re-offend,” the report stated.

“Your access to a firearm and willingness to use it in such a quick and callous manner suggests a comfort with criminal peers and attitudes,” the report continued. “You also have difficulty managing impulsivity and with consequential thinking.”

In June 2016, he was also allegedly caught in prison with a shank concealed in a school binder, but he denied the weapon was his. There were also two known drug incidents in custody.

spazzano@postmedia.com

Danzig mass shooting gunman’s brother charged with murder

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The brother of one of the Danzig St. block party triggermen has been arrested for the murder of a man killed in a wild shootout earlier this week in Toronto’s east end.

And the accused, Naod “Gritty” Tsegazab, 22, has a history of violence.

He was only 16 when he shot another teen in September 2012 in retaliation for his big brother’s shooting at the Danzig St. party.

Tsegazab pleaded guilty to attempted murder in 2015 and was sentenced as an adult to seven years behind bars.

A man has been pronounced dead after a shooting at an apartment building at 4110 Lawrence Avenue East, near Kingston Road, in Scarborough. Victor Biro photo

Sources say the murder victim, Dean Howlett, 25, had a gun in his hand and his finger on the trigger when he was found dead Tuesday afternoon at 4110 Lawrence Ave. E. after a gunbattle that was captured by security cameras at the TCHC building east of Kingston Rd. near Galloway Rd.

“We were able to identify a suspect through a combination of witness accounts and surveillance video,” Toronto Police Homicide Det. Jason Shankaran said Friday.

He confirmed Howlett, of Whitby, was armed with a gun when he was killed, but revealed no further details on the city’s seventh murder victim of the year.

While the motive for the shooting was not immediately clear, a Sun source said the victim and his killer “clearly seem to have known each other.”

“It looked like a chance encounter and they opened fire at each other,” the source said. “The killer was the quicker draw, but the mortally-wounded victim squeezed off a few rounds. Understandably, his aim was a little off.

The Sun has also learned Howlett and another man — Sezar Hermez, 25 — were arrested for drug trafficking and other offences in November 2017 after making a wrong turn and ending up on the Peace Bridge heading to Buffalo.

Realizing their mistake, Howlett allegedly turned the vehicle around and headed back to the Canadian border, where they were stopped for a secondary examination and Canada Border Services Agency officers discovered 120 grams of cocaine and about $10,000 in cash in the vehicle.

The status of those charges was not immediately known.

After Howlett was gunned down, investigators believe his killer fled the scene with another man and was hiding out in Peterborough until Thursday.

Shankaran said police caught up with two suspects as they drove back into the city and both were arrested in a “high-risk takedown” on Hwy. 401 near Leslie St. Thursday evening.

Tsegazab is charged with second-degree murder while Joseph Carlton Bryan, 21, also of Toronto, faces accessory after the fact to murder.

Both were slated to appear in court Friday.

Shyanne Charles, left, Joshua Yasay, right, were killed in a shooting outside a community housing complex on Danzig St. on July 2012.

The alleged killer’s older brother, Nahom “Gifted” Tsegazab, was 20 years old when he pleaded guilty in April 2014 to two counts of manslaughter and six counts of aggravated assault in the July 16, 2012 Danzig mass shooting.

Two people — Shyanne Charles, 14, and Joshua Yasay, 23 — were killed and nearly two dozen others were injured, including the elder Tsegazab.

After listening to gut-wrenching victim impact statements, Tsegazab turned to their family members and asked for forgiveness.

“I never meant for this to happen but I did do it and I will live with the consequences,” he said. “I will better myself. I will change my life. From the bottom of my heart, please forgive me.”

The Eritrean immigrant and alleged member of the Galloway Boys — a notorious Scarborough street gang also known as G-Way — was sentenced to 14 years in prison.

Minus his pre-trial custody, he was expected to serve another 11 years and five months behind bars.

bhunter@postmedia.com

cdoucette@postmedia.com

spazzano@postmedia.com

Eaton Centre shooter Christopher Husbands guilty of manslaughter

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What a difference a second trial has made for Eaton Centre killer Christopher Husbands who was convicted of two counts of manslaughter on Tuesday.

He could be paroled man — walking Toronto’s streets again — by his 36th birthday which is six years from Sunday.

In a stunning verdict, a jury acquitted the 30-year-old of two counts of second-degree murder — in favour of convictions of the lesser offence of manslaughter — for gunning down Nixon Nirmalendran, 22, and Ahmed Hassan, 25, during a shooting spree at the Eaton Centre on June 2, 2012.

He was also convicted of five counts of aggravated assault, plus two other gun offences, for injuring innocent bystanders in the ensuing chaos he unleashed by opening fire in the shopping mall’s crowded food court.

A parole release date of six years from now is based on Husbands receiving a hypethetical sentence of 19-years less credit for the seven years he has already served. A reliable legal source said that a sentence of 19 years would be reasonable in this case.

Justice Brian O’Marra will sentence Husbands later this year.

In April 2015, Husbands was sentenced to life imprisonment with no chance of parole for 30 years after being convicted of two counts of second-degree murder. That meant he would be 53 before he could first seek parole for his shocking crimes.

Husbands launched an appeal and was awarded a second trial, which wrapped up after jurors spent six days deliberating his fate.

The verdict meant the jury concluded “there was enough psychiatric evidence that it found him guilty of the lesser offence of manslaughter (a fatal assault without intention to kill),” said his lawyer Dirk Derstine.

“This was a lot better than the two second-degreee murder convictions of 2015 — he was facing life imprisonment with no chance of parole for 30 years the last time,” said Derstine.

Husbands became the first murderer in Ontario to receive consecutive 15-year sentences four years ago.

In addition to claiming two lives, his bullets also wounded five others and triggered a stampede of panicked shoppers who trampled a pregnant woman. The wounded included 13-year-old Connor Stevenson who was shot in the head.

Derstine and co-counsel Stephanie DiGiuseppe said Husbands was in a dissociative state as a result of post-traumatic stress disorder and “reacted instinctively without forming the intent to kill.”

Husbands’ PTSD was triggered by a chance encounter with some of the men who had brutally beaten and stabbed him more than 20 times in an ambush attack, according to the defence.

Derstine said the public has a greater understanding of PTSD and its effects on people from all walks of life at this trial compared to the 2014 trial.

Crown attorneys John Cisorio and Mary Humphrey argued that Husbands sought revenge for the stabbing and went on the shooting rampage as a form of “street justice” after he refused to co-operate with police investigating the violent attack on him.

The Crown accepted that Husbands had PTSD but said he was in control throughout the attack, noting the doctors who assessed him were split on whether he experienced dissociation.

The jury never knew that Husbands was on bail for a sexual assault (which he was convicted of before his trial) and supposed to be living under house arrest and under a weapons ban when he fired upon his rivals at the Eaton Centre.

He’ll be back in court on Thursday to set a date for sentencing.

spazzano@postmedia.com

 

 

 

 

Lacrosse player-rapist nets two years in prison

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A Detroit University lacrosse player who raped a young intoxicated woman was sentenced Tuesday to two years in prison by a judge who deemed his conduct as “demeaning and callous.”

Justice Kelly Byrne said Patrick Walsh, 22, committed two “significant acts of personal violence” by forcing the young woman to perform oral sex and intercourse in May 2016, just shy of her 20th birthday at his mother’s downtown condo.

The sexual conduct was interrupted after the woman said she was going to vomit and bolted to his bathroom. The  naked woman lay on the bathroom floor as Walsh used his cellphone and invited his friends into the condo, court heard.

“His conduct was demeaning  and callous as the victim repeatedly said no. He showed further disregard for her dignity when he laughed at her,” said Byrne.

In a highly-unusual gesture, Byrne gave both the victim and the Walsh books after the sentencing. She also hugged Walsh’s emotional parents, but she said she was acting “as a person, not as a judge.”

The victim, whose identity is covered by a publication ban,  testified she was raped by Walsh, a man she barely knew, after bumping into him at an Irish pub in the Entertainment District. She said he mentioned they had met at a party a year earlier.

Walsh invited her back to the nearby apartment, made rapid sexual advances, stripping her naked and quickly forcing her to perform oral sex upon him, then engaging in intercourse, despite her repeatedly saying “no,” court heard.

spazzano@postmedia.com

 

Surf-and-turf inmate a gang leader and gun trafficker

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Infamous surf-and-turf  jailhouse diner Jahmal Richardson admitted Wednesday he was a gang leader and pimp involved in human and firearm trafficking, extortion and fraud.

The 34-year-old masterminded a criminal organization that “had women working (as strippers) at adult entertainment clubs throughout the GTA,”  Crown attorney Glen Crisp told Justice John McMahon.

Richardson pleaded guilty to directing a criminal organization, conspiracy to traffick firearms, possession of firearms and fraud charges.

Jahmal Richardson sitting on his Bentley.

He was sentenced to nine years but only has four years and nine months remaining after time he had already spent behind bars prior to the plea was deducted.

“Richardson and his underlings obtained and armed themselves with firearms for protection and to intimidate, extort and harm others. (Richardson ordered his underlings to) never go out ‘naked’ (without firearms) and told an associate, they needed to go out in numbers.”

Richardson’s “role and success in exploiting women was also well documented on (police) intercepts, social media and in photos, as well as paintings in his possession, that show him in expensive cars and wearing expensive jewelry, advertising his success,” said Crisp.

In one heated phone call on Feb. 11, 2016, he angrily told two working women “that they cannot dance with black men: This is a rule I’ve had since been in this f—–g game.”

Richardson also expressed his desire to extort or threaten other rival pimps and women by saying that he would “shut them down” or “charge or tax them,” said Crisp.

Richardson was featured prominently in media reports after he was photographed in jail dining on a steak-and-lobster supper while awaiting trial on a double murder charge. A jury acquitted Richardson of those charges which were laid in connection with a Chinatown shooting.

The jury convicted his half-brother Kyle Sparks MacKinnon, 28,  of two counts of second-degree murder in the shooting deaths of two men, David Eminess, 26, and Quinn Taylor, 29, early Jan. 31, 2016.

Richardson’s lawyer James Lockyer said  his client is putting his criminal past behind him and will start his law-abiding life once he’s paroled.

spazzano@postmedia.com

Toronto lawyer facing child porn charges can continue working

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A Toronto lawyer charged with child pornography offences can practise law as long as he doesn’t represent or spend time alone with minors, a Law Society of Ontario panel ruled.

Brandon Keven Rooney, 30, who was fired from the LoPresti Law firm last November, is facing two counts of making child pornography, plus one count each of possessing and accessing child pornography on Sept. 18, 2018. Rooney passed the bar in 2015.

Law Society prosecutors sought to suspend Rooney’s licence.

“Consuming, but even more so making and distributing child pornography, involves a breach of trust and failure of integrity and thus goes to the root of one’s fitness to practise,” wrote discipline counsel Leslie Maunder in her factum.

The allegations, although “serious and repugnant, would not result in presumptive revocation of licence as there was no suggestion that Mr. Rooney had any sexual contact with the complainant,” the panel ruled.

But the panel denied the suspension, stating he immediately reported the charges to the Law Society and his work in tax, wills and estates law would not bring him into contact with minors. The panel imposed restrictions which mirror Rooney’s criminal court bail conditions.

Rooney can only work “remotely by electronic means,” the panel ruled.

Rooney was released on $10,000 bail in October and now lives in Montreal with his father, a surety.

Rooney’s bail conditions forbid him from having “sexualized communications” with minors and limit his Internet access.

Rooney is alleged to have sent images of two boys, one bare-chested and another wearing a T-shirt and jacket, accompanied by texts describing explicit sexual activity with them, the law society document stated.

“He said he had ‘access’ to one of the boys, that the boys’ father lets him ‘have him for free if the dad can watch.'” Although he said the boys were both 16 years old, he implied they were younger, the document alleged.

“The (alleged) ‘text-based chat that advocates sexual activity with children’ is the basis for one count of making child porngraphy,” the document added.

Rooney also allegedly sent a “complainant one sexually-explicit image and described the subject as being 16 but looking 14 (followed by a wink), which is the basis for the second count of making” child porn, the document stated.

spazzano@postmedia.com


McArthur arrested, released without charges for 2016 assault: court documents

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Serial killer Bruce McArthur convinced police in 2016 that a casual sex partner he’d strangled simply wanted “rough sex,” newly-unsealed police documents state.

McArthur, who had already murdered six innocent men he’d lured with the promise of sex, was arrested for assault but evaded being charged after the investigating officer found him to be “genuine and credible” and concluded there were no grounds to lay charges, the court documents reveal.

The June 20, 2016, complainant said he was in the rear of the now convicted killer’s van making out “when all of a sudden McArthur started freaking out…grabbed him by the throat and started squeezing,” the document states.

“McArthur had a good grip of (the victim’s) Adams apple and he wouldn’t let go, but the victim managed to roll to his right side, break McArthur’s grip on his neck and push him off,” the statement adds.

The victim grabbed McArthur by the throat to create some distance,” then fled from the van.

He had no visible injuries but stated his throat was sore.

McArthur gave a videotaped statement to police and the investigating officer, Det. Paul Gauthier, decided there were no grounds to lay a charge and released McArthur unconditionally.

Gauthier now faces Police Act charges for allegedly not videotaping a statement by the victim and photographing his injuries within 72 hours — which is the protocol for domestic assault cases — in case the victim goes missing, dies or recants at trial.

Gauthier will appear before a tribunal next week.

McArthur, 67, is now serving eight concurrent life sentences in prison after pleading guilty earlier this month to eight counts of first-degree murder for killing Skanda Navaratnam, Abdulbasir Faizi, Majeed Kayhan, Souroush Mahmoudi, Kirushna Kumar Kanagaratnam, Dean Lisowick, Selim Esen and Andrew Kinsman between 2010 and 2017.

McArthur cannot apply for parole until he’s 91 years old.

McArthur was also interviewed as part of Project Houston, a special police probe into the disappearances of McArthur’s first three innocent victims — Navaratnam, Faizi and Kayhan.

The eight men who were murdered by Bruce McArthur in Toronto.

Project Houston ran from 2012 to 2014 but no charges resulted from the 18-month investigation.

In 2017, the year after the choking van victim incident, McArthur killed two more victims and last January may have killed his ninth victim who was hog-tied to his bed when Toronto Police arrested him for murder at his Thorncliffe Park Dr. apartment.

The newly-released documents reveal details of the 2016 incident and new information about how police zeroed in on McArthur as a suspect in the tragic disappearances of men from Toronto’s Gay Village.

The Toronto Police Services Board has asked the province whether a public inquest should be considered.

TPSB Chairman Andy Pringle says the board and the province are examining how to improve their performance and build better bridges with all communities.

“We expect a response from the Attorney General and will keep the public informed,” he said, adding when the board launched a review the criminal proceedings in the case had not begun.

Toronto Police Chief Mark Saunders said he looks forward to participating in any form of inquest with the province.

— With files from Kevin Connor

spazzano@postmedia.com

Eaton Centre gunman awaits April sentencing hearing

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Eaton Centre killer Christopher Husbands must wait until April 29 at the earliest to discover what his sentence will be.

Husbands, who’ll turn 30 next week, appeared briefly in court on Thursday.

He was convicted of two counts of manslaughter on Tuesday at his second trial for his shooting spree in the downtown mall’s food court on June 2, 2012, which took the lives of Nixon Nirmalendran, 22, and Ahmed Hassan, 25.

Husbands was also convicted of five counts of aggravated assault and two other gun offences for injuring innocent bystanders in the ensuing chaos that he unleashed by opening fire inside the crowded mall.

Four years ago, Husbands, who was then convicted of two counts of second-degree murder, was sentenced to life imprisonment with no chance of parole for 30 years. That meant he would have been 53 years old before he could seek parole for his crimes.

Husbands launched a successful appeal, which resulted in a second trial. That trial concluded after jury members spent six days deliberating his fate.

Husbands’ defence lawyers Dirk Derstine and Stephanie DiGiuseppe said their client was in a dissociative state as a result of post-traumatic stress disorder and “reacted instinctively without forming the intent to kill.”

His PTSD was triggered by a random encounter with some of the men who had brutally beaten and stabbed him more than 20 times in an ambush, his lawyers asserted.

Crown attorneys John Cisorio and Mary Humphrey said Husbands was exacting revenge for the stabbing and the shooting rampage was his form of “street justice” after refusing to help the police track his assailants.

spazzano@postmedia.com

Impaired woman abandoned by cabbie on Hwy. 401 paid ‘ultimate price’

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Candice Williams had much to celebrate — a loving fiance, good job and plenty of friends.

But a night out enjoying drinks with co-workers ended in tragedy when the 34-year-old was struck and killed by a drunk driver after a cabbie abandoned her on the side of a busy Hwy. 401 in Etobicoke just over seven years ago.

“No cab driver should ever, ever do what he did that night,” civil lawyer Patrick Brown, who represented Williams’ family in a recently settled wrongful death lawsuit for an undisclosed amount, said Thursday. “It’s common sense.”

He said the taxi driver, Davinder Singh Sandu, “has never paid the price for his actions.”

“She paid the ultimate price — her life,” Brown said. “She and her friends did the right thing. When you are drunk, you take a cab.”

Williams and her co-workers from a Toronto dental office attended a company Christmas party at The Keg in midtown Toronto on Dec. 1, 2011.

At the end of the night, her friends put Williams in a taxi and sent her off to her Mississauga home. But she wound up dead within 30 minutes of leaving the bar.

When her taxi cab reached the 401, a drunken Williams aggressively demanded the driver stop immediately because she had to pee. So Sandu pulled over on the shoulder, not far from the exit at Martin Grove Rd.

Candice Williams, 34, of Mississauga, was struck and killed by a drunk driver after she was abandoned by a cabbie on Hwy. 401 near Martin Grove Rd. in December 2011. (Court exhibit)

Moments later, the vulnerable woman was attempting to cross six lanes of live traffic when she was hit by a van with a drunk driver behind the wheel around 1 a.m. on Dec. 2.

The van’s driver, To Ha Phan, now 56, was acquitted of impaired driving causing death but convicted of the lesser charge of impaired driving in April 2015.

“It’s pretty shameful that no charges were laid against the cabbie and the penalty against the drunk driver seems woefully inadequate,” Brown said, adding Williams “had her whole life ahead of her.”

“No amount of money would ever be a just result for her loving family,” he said.

Phan received a $2,500 fine and two-year driving prohibition as punishment for his drunk driving conviction.

“In short, the collision occurred while Mr. Phan was over 80 mg, not because he was over 80 mg,” Justice Gary Trotter said.

He praised the lawyers involved in the case for performing their duties skillfully “but also with appropriate respect for the life that was so tragically and needlessly lost on the 401 that night.”

“Had Sandu not pulled over to the side of the highway and acted as he did, Williams would likely be alive today,” said Trotter. “Her own actions contributed to what ultimately happened to her.”

“She was left to look after herself when she was realistically unable to do so,” he said. “The fate that befell her was virtually inevitable.”

Prosecutor Helen Song argued a sober Phan could have averted the deadly crash. She noted two cars had safely avoided Williams only minutes before Phan slammed into her.

The two earlier drivers spotted Williams, a striking 5-foot-8 woman wearing three-inch heeled boots, with platinum blonde hair flowing past her shoulders and a white or beige coat, Song said.

One of the two motorists, limousine driver Daljit Cheema, “the quintessential Good Samaritan, tried to help Williams, who was obviously in danger,” Trotter said.

“It was too late,” he added.

spazzano@postmedia.com

Witness knew McArthur and 5 victims but never saw ‘wolf in the fold’

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Adrian Betts will never forget ironically offering “supportive words” to serial killer Bruce McArthur after Skanda Navaratnam disappeared  in 2010.

Skanda’s merciless killer — who dismembered his first victim’s body just as he did the next seven — “looked me in the eye and thanked me,” Betts recalls.

He loved his once-close friend Andrew Kinsman — McArthur’s final victim — and also knew Skanda as well as three other innocent victims of the serial killer.

“As ridiculous as this may sound, I felt incredibly guilty for not being able to recognize the  offender for what he was,” said Betts. “I prided myself on being a good judge of character.”

The eight men who were murdered by Bruce McArthur in Toronto.

“But I didn’t see the wolf in the fold. Irrationally, I feel that somehow I could prevented the subsequent murders if I was more aware in that moment,” he added.

“Andrew may have been a complicated man to some, but he was kind, generous, ridiculously funny in a sometimes-curmudgeonly way and he was my brother and I  loved him.”

Betts revealed his “torturous experience” in his victim impact statement after McArthur, 67, pleaded guilty earlier this month to eight counts of first-degree murder for strangling eight men with ties to the city’s  Gay Village between 2010 and 2017.

Betts wasn’t alone in being bamboozled by the cunning McArthur as two different Toronto Police officers interviewed the serial killer — once as a witness in Project Prism in 2013, and again in 2016 when he was accused of strangling a casual sex partner in the back of his van.

Neither officer suspected they had a serial killer in their sights and let him go to continue his murderous ways.

Karen Fraser, who trusted McArthur while he used her Leaside property to bury his victims’ body parts in planters and in a nearby ravine, admitted she also only saw the benign side of her landscaper.

Betts said McArthur’s murder of Kinsman — after he and the 49-year-old had an unresolved falling out — robbed him of any opportunity to reconcile.

“I became much more reclusive, withdrawn and preoccupied with my sadness,” he said. “My work suffered and my relationship suffered. My partner of 18 years broke up with me, citing being with me was too depressing.”

“I have taken a huge hit to my confidence,” said Betts, who’s the Executive Director of an AIDS Service Organization and has years of experience and “multiple tools” to manage loss and grief.

“I am a little less decisive and I find myself second guessing people’s motivations. I am suspicious,” he said. “As a leader in caring profession working with marginalized people that is not good.”

“By killing my friend, this man has killed who I was before all of this horror,” Betts added.

spazzano@postmedia.com

York region prosecutor allegedly fixed tickets for pricey gifts

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A York Region provincial prosecutor is facing the temporary suspension of her paralegal licence for allegedly fixing tickets in exchange for computer tablets and a Yorkdale gift card.

Catherine Petrolo, 36, has been a licensed  paralegal since 2011 and was earning more than $100,000 a year when she fired by the regional prosecutor’s office in October a few weeks after she was snared in an 10-month investigation called Project Tadeu that caught two YRP cops.

Petrolo was charged with breach of trust and obstructing justice for fixing tickets — giving a defendant a favourable result as a favour to family or friends, or for cash.

Petrolo is jointly charged with Const. Richard Senior in her ticket-fixing allegations.

Petrolo is no longer practising as a paralegal, but law society prosecutors want to suspend or restrict her practice to prevent “significant harm to the public and the  administration of  justice,” stated the law society documents.

No hearing date has been set.

In one case, Petrolo  allegedly switched courthouses so she could change a careless driving charge — which carries six demerit points — down to a lesser offence of disobey lane light, which has no points.

“Aside from being a very favourable resolution for the defendant, it was also an unethical plea. The facts didn’t support a finding of guilt for disobey lane light,” the document  alleged.

In Sept. 2018, the wife of an unnamed York Regional Police officer was nabbed while speeding 30 over the limit but received a 15 km/h reduction by Petrolo, the documents alleged.

In another intercept, Senior allegedly asked Petrolo to cut down a friend’s speeding ticket from 85 km/h in a 60 km/h zone down to 15 km/h over.

The issuing cop had already chopped the speed down from 95 to 85, the documents alleged.

In one intercepted conversation, Senior told another buddy that he’d be allegedly looked after by Petrolo. Senior bluntly ordered him to “show up, shut up and plead guilty and not to say anything or shake the prosecutor’s hand because the deal would not normally apply.”

Senior allegedly told “Big Shane” — another defendant who received some court benefit from Petrolo — “that a Yorkdale  Mall gift card would be greatly appreciated for Ms. Petrolo.”

In another case, Senior and Petrolo were caught discussing fixing two provincial offences for someone identified as ‘CKL.’

She later messaged him, saying “she was looking for one or two tablets because he didn’t charge her for  a laptop.”

“She stated she helped CKL several times and detailed that she withdrew a red light ticket, a stop sign ticket and helped him with a validation tag,” the document stated

“There was no legitimate basis whatsoever for the resolutions arranged by Petrolo (for the seven cases),” stated her direct supervisor in the document.

Senior, 44 — a 14-year veteran of the force — was charged with 30 criminal offences, including trafficking cocaine, attempted armed robbery of some cocaine, assault, obstructing justice and weapons offences.

Const. Timur Timerbulatov, 36, who joined the force in 2015 and has been suspended with pay, was charged with breach of trust and unauthorized use of a computer not for a police purpose.

spazzano@postmedia.com

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