The man who stabbed a 16-year-old stranger to death at a Toronto subway station almost two years ago in an unprovoked attack is a violent and callous killer, the Crown argued at his sentencing hearing.
Jordan O’Brien-Tobin, from Toronto, has already pleaded guilty to the second-degree murder of 16-year-old Gabriel Magalhaes at Keele Subway Station.
On Thursday, assistant Crown attorney Karen Simone told Superior Court Justice Jane Kelly that O’Brien-Tobin, now 24, posed an ongoing risk to public safety after the random stabbing.
“It had a chilling effect on the public,” she said, recounting the attack that shocked the city at a period of increased violence on the TTC.
“The impact was immense, your honour. People who use public transit in our city were left feeling, ‘Am I next?’ It’s how people felt after this happened.”
At the end of the hearing, O’Brien-Tobin himself also stood up and addressed the family of the boy he had killed.
The fatal attack took place on March 25, 2023, when Magalhaes was waiting for a train with a friend. While he waited at the station, O’Brien-Tobin stabbed him in the chest.
According to an agreed statement of facts read out in court last November when O’Brien-Tobin pleaded guilty, Magalhaes and a friend were sitting on a bench on the ground floor of the subway station when O’Brien-Tobin walked down the stairs carrying a backpack. O’Brien-Tobin looked at the boys, who were unaware of him, and briefly left the subway station while still watching the boys.
O’Brien-Tobin then reached into his backpack, walked back into the station and stabbed Magalhaes in the chest. The attack was unprovoked and there were no words exchanged. O’Brien-Tobin then walked away, leaving Magalhaes, who collapsed.
According to the facts, O’Brien-Tobin also sent messages to his friend and mother before and after the murder.
“Someone’s dying,” one message said. “I just stabbed someone random,” the texts said, another explained: “I stabbed someone and got away with it.”
Simone, representing the Crown, told court Thursday that the text messages showed there were elements of planning of deliberation. “He had a knife,” she explained. “He was looking for someone to stab and kill.”
“Not only has this had a devastating and horrific impact on Magalhaes’ family and friends, it also shook our community and shook everyone to the core,” Simone said, adding people were left wondering if they could be next to be attacked using the public transit system.
“And how they still feel,” added Justice Kelly.
Simone argued that O’Brien-Tobin wasn’t capable of change.
“There can be no question, despite his age, that Mr. O’Brien-Tobin is dangerous and likely won’t change — he does not have a major mental issue he has dangers with drugs and alcohol, some self-inflicted,” she said. “He will not be deterred, rehabilitated and truly does not show remorse.”
Simone said that Magalhaes was a beloved son, brother and grandson.
“Only 16 years old, completely innocent, simply trying to get home on the TTC,” she said. “His death was not only tragic but horrific. He was unarmed and did nothing to provoke Mr. O’Brien-Tobin. He was killed in public. Many tried to assist him and stayed with him. His family all undoubtedly grief-stricken and traumatized, likely forever.”
In a victim impact statement read out in court, Magalhaes’ mother Andrea Magalhaes wrote about the indescribable sadness and despair she has had since losing her son that day.
“It takes every single ounce of strength I have to continue living,” she wrote. “I failed the single most important job of my existence: to keep my son safe. I fear for the life of my son Lucas, I fear for all the children out there. If only love alone could protect our children. I will never again be able to feel safe. I will never again sleep peacefully at night.”
Second-degree murder carries an automatic life sentence, but the judge must decide on a period of parole ineligibility between 10 and 25 years. Simone told Kelly that the Crown is asking for a period of 18 years before O’Brien-Tobin is eligible for parole.
“The Crown has considered his challenging and troubled life, his mental health struggles and his drug issues. That being said, the protection of the public is paramount as is denunciation and deterrence,” said Simone.
Simone said that O’Brien-Tobin has more than 120 convictions for failing to comply with court orders and failing to attend court and 18 convictions for assault, assault with a weapon and sexual assault. She said while he did plead guilty, it must be tempered by his lengthy criminal record, his pre-sentence report and his lack of remorse. She called him a violent recidivist who has a predisposition to violence.
“He has shown disrespect towards his family and violence towards the public — he is incorrigible,” said Simone. “His honour has heard he’s only reported once to probation despite having been placed on six different probations since arriving in Ontario in 2020.”
Kelly pointed out that the sexual assault conviction occurred on the TTC as well. “And 15 days after his release for a stabbing,” said the judge.
“And he was on probation. He was supposed to report and he did none of those things,” Simone added.
“His high risk to the public and his unmanageability to the community are why the Crown seeks a high parole ineligibility,” concluded Simone.
Defence lawyers Jeff Berman and Robert Cutruzzola suggested a period of parole ineligibility of 12 years. Berman pointed out that O’Brien-Tobin suffers from antisocial personality disorder, probably psychopathy and severe substance disorder.
Berman said his client got credits for Grades 10 and 11 but as a child lived in a group home for many years.
“I would say that this guilty plea is a significant one and should be considered in mitigation of the ineligibility period,” said Berman, telling court it’s a sign of remorse and responsibility.
“He does have a significant record and there’s no disputing the sheer number of offences. It’s aggravating. It could be noted that a significant portion of the offences were on the minor side,” Berman concluded.
After speaking briefly with O’Brien-Tobin, Berman said his client wanted him to explain the breaches.
“He does have a drug addiction and the breaches we often see in our system,” he said. “Where someone is so involved in drugs that they don’t focus on the court orders that are in place.”
Berman said O’Brien-Tobin makes no excuses for his behaviour but does suffer from major substance abuse issues. “It shouldn’t be an issue going forward if he deals with the drug addiction,” he said.
O’Brien-Tobin stood up and read from a piece of paper when asked by the judge if he had anything to say.
“I kind of wrote a letter to the family,” he said in a speech where he explained his first-born daughter has died since his arrest. “Words cannot explain when I realized what I had done. Nothing can bring back your son. I personally lost a friend due to suicide three weeks before. I was going through a lot mentally and physically.”
He continued: “I no longer sleep fully at night because I am so haunted by what I did. I ask if that was god punishing me for what I’ve done. I’m sorry for what I’ve done. I’m sorry for your loss.”
The judge has reserved her decision on sentencing until later this month.