Almost two years to the day since 50-year-old Yoleidys Vilar Arroyo was fatally stabbed inside the Harbord Street apartment where she lived, her husband stood up in a Toronto courtroom and, through a Spanish interpreter, said that he is sorry for her murder.
“I would like to say I’m truly regretful. Even though this doesn’t change anything, I wish I could go back in time,” Hansel Duarte Quintela said, as Arroyo’s sister sat looking straight ahead in the courtroom, her fingers plugging her ears.
Last month, Duarte Quintela pleaded guilty to second-degree murder and is facing a life sentence. Superior Court Justice Maureen Forestell must now decide on a period of parole ineligibility between 10 and 25 years.
According to an agreed statement of facts, it was May 20, 2023, when Duarte Quintela and Vilar attended a BBQ at the home of Vilar’s sister and brother-in-law.
The two couples were drinking and playing games. Around 12:30 a.m. on May 21, 2023, Duarte and Vilar left the BBQ and walked to their home at 397 Harbord St. Upon arriving home, an argument ensued during which Duarte Quintela stabbed Vilar, his wife of seven years.
Police were not called until approximately 11:45 a.m. when Duarte called 911 twice. In the first call, he stated, “I need police. My wife is dead … she is dead, dead.” In the second call, he stated, “My wife is dead, dead … my wife … is dead … my wife is no more on the earth.”
When the fire department arrived, Duarte Quintela answered the front door and walked away. He walked over to the couch, picked up a large butcher knife and handed it to a firefighter. The initial first responders on scene observed blood on Duarte Quintela’s shorts and hands and lacerations to his right forearm, which required stitches.
Ms. Vilar was face-down in the kitchen with her right arm under her body. Pooled blood was around her head and body. Rigor mortis was full and present. She still had her purse around her shoulders.
An autopsy determined there were three stab wounds to her neck, back and chin. There were five incised stab wounds to her left eye, left cheek, right side of her face and hands. There were also blunt force injuries to her face and head, forearm, wrist, hand and knees. The fatal injuries were the stab wounds to her neck and back.
The agreed statement of facts also says that during their marriage, Vilar disclosed instances of domestic abuse to friends and family but never reported anything to police. “Her family and friends described the accused’s behaviour as jealous and controlling.”
The facts state that a year prior to the murder, Vilar had injuries, including bruising on her face caused by Duarte Quintela, which were seen by family and friends. On more than one occasion, Vilar’s sister and brother-in-law confronted the accused. “Mr. Duarte Quintela denies these allegations.”
In a victim impact statement filed in court as part of sentencing submissions, Vilar’s sister Zailyn Arroyo wrote about how her family’s life has been shattered since her sister, whom she called “Yoly,” was murdered.
“We will never ever forgive him, no matter what. The only way is to give Yoly back to us. and that’s impossible, like our forgiveness,” Arroyo wrote.
Assistant Crown Attorney Debra Moskovitz told Forestell an appropriate period of parole ineligibility would be 12 years. “It is the position of the crown that the murder involved a level of brutality, the murder of an unarmed, vulnerable female,” said Moskovitz.
Defence lawyer Victoria Pallermo suggested a more appropriate period of parole ineligibility would be 10 years, though she agreed with Forestell who pointed out that the Court of Appeal of Ontario has set the range of parole ineligibility for intimate partner cases between 12 and 17 years.
“What would take this case out of that range?” asked Forestell.
Pallermo said she believed his guilty plea, the fact that he contacted 911 immediately upon finding his wife and cooperated with police, which she called significant mitigating factors. “Isn’t that an absence of aggravating factors rather than a mitigating factor?” said Forestell. Palermo agreed.
Palermo told court that Duarte Quintela came to Canada from Cuba with his ex-wife in 2014 “with the hope of a better life,” and said his daughter, who is about 12 years old, is truly the only family he has. Following the breakdown of his marriage, he began a relationship with Vilar.
She said Duarte Quintela has consulted with an immigration lawyer who is of the opinion that, given his particular circumstances, there is a chance he could remain in Canada on compassionate grounds.
Forestell has reserved her decision on an appropriate period of parole ineligibility until May 20th.