KAWARTHA LAKES-“Not a day goes by that I don’t think of Alex. He’s the first thing I think of in the morning and the last thing at night as I am saying good night to him.” Alex Tobin’s grandmother tearfully told the court in her victim impact statement.
18-year-old Alex Tobin was shot and killed on February 18, 2020 in what the court describes as a marijuana deal gone bad.
“Since this crime there has been a few times I wanted to take my own life.” Alex’s mother Amy Rogers told the court. “Today and the rest of my life I will be mourning the loss of Alex, I really hope that Alex’s death was not in vain. The sentence you give Jeremy will never be good enough as it will never bring Alex back.”
Jeremy Brown, who was 24-years old at the time of the killing, pleaded guilty to manslaughter in October and today was sentenced to 11 years in jail. Brown was initially charged with second-degree murder and two counts of failing to comply with conditions of a release order in May of 2022. Four others have been charged in connection with the case.
Crown Attorney Saliwonchyk had asked for a 14 year sentence while the defence was looking for a sentence around the ten year mark.
Browns mother and two other family members were in the courtroom to provide support while Tobin’s family had a large contingent of supporters wearing red “In loving Memory Alex Tobin” t-shirts which his photo on them.
The court heard the Brown grew up in Toronto in a crowded home with poverty and violence all around him. His parents divorced when he was a child and Brown told his lawyer he blamed himself for that and struggled with guilt. Brown spent much of his childhood in hospital suffering from Sickle Cell Anemia. He completed high school and two years of university before getting a job as a security guard. That’s how he came to be in possession of a legal gun.
The agreed statement of facts in the case show Brown and another man went to Tobin’s apartment in Omemee to buy pot. There was a dispute over payment and the quality of the product and after some arguing a struggle ensued. At some point Brown pulled the gun out of his duffle bag and when he thought Tobin was trying to grab the gun, he pulled the trigger. Tobin died of a single gunshot to the chest.
Brown’s lawyer, Allison Craig, came to the case after the plea deal had been reached. She said she believes there were issues in this case that should have been heard at trial.
“This case screams self defence. If it were my decision this case would have gone to trial.” Craig said. “There are obvious elements of self-defence here. When he (Brown) walked into that apartment there was a gun sitting on the counter.” That gun was later found to be a BB gun.
Craig said Brown has shown remorse, plead guilty, completed anger management, life skills and religious programs while in prison and converted to Islam.
Brown addressed the court and apologized to Alex’s family and friends and to his his own family.
“I want to start with a deep and sincere apology for my actions. I regret it each and every day and I hate that it happened. I think about it every day. I am aware my actions affected a lot of people and I wish I could take it back.” Â Brown said.
Justice Speyer said she did not believe that Brown intended to kill Tobin that day. But she noted that he brought a loaded gun to the apartment which in her view meant he intended to use it if necessary.
“Alex’s grandmother, mother and girlfriend today did what no one should ever have to do. They stood up and explained to me what the impact of Mr Browns actions have been. They did so with courage and grace and I thank them for telling me what Alex meant to them.” Justice Speyer said.
Speyer said mitigating factors used to determine her sentence were that fact that Brown plead guilty, he was remorseful, had taken rehabilitation programs while incarcerated, endured difficult conditions as Central East Correctional Centre and had no criminal record at the time of the shooting.
However, in the time between the shooting and charges being laid Brown was convicted of unauthorized possession of a firearm with the serial number removed. Justice Speyer said the was something she had to consider. Aggravating Factors included the fact that Brown took a loaded handgun to the transaction, abused of the privilege he had in being given the gun for his job, he tried to dispose of the evidence and the profound impact the crime had on the lives of family members according to Justice Speyer.
Brown was sentenced to 11 years but given 47 months credit for pre-trial custody leaving seven years and one month to serve. He was given a lifetime weapons prohibition and is required to submit his DNA.
“Justice will never be served for Alex” Rogers told Kawartha 411 news after the sentencing. “But in my opinion, what he got served, 11 years, is better than nothing. Now I can start healing and Alex can finally rest in peace.”
