Ciro Garofano was pushed into a Toronto courtroom Friday in a wheelchair, wearing an orange prison jumpsuit, before the 81-year-old slowly stood up in the prisoner’s box and looked around.
A few minutes later, Garofano, who was charged with first-degree murder and two counts of attempted murder in relation to a deadly hit and run in November 2023, pleaded guilty to the lesser charge of second-degree murder and two counts of aggravated assault.
Garofano admitted he deliberately drove his car over his late spouse’s niece, the niece’s husband and his spouse’s sister on Nov. 15, 2023 after calling the family to the Scarborough apartment where he had lived with his spouse for decades so they could pick up her belongings.
Sixty-one-year-old Karen Montague was killed. The two others were injured but survived.
According to the facts read out in court by assistant Crown attorney Megan Petrie, four months earlier, Garofano’s spouse died, and Garofano learned that he had been cut out of her will.
Petrie told court that Garofano and his spouse, Elsie Gilchrist, had a lengthy common-law relationship. She was several years his senior, and the two did not have any children together.
They lived together at her apartment at 250 Cassandra Blvd. near Victoria Park Avenue. Gilchrist was the leaseholder of the apartment, where she had lived since 1975. In 1978, Garofano moved in. Gilchrist eventually moved into a nursing home, where she lived for four years before her death in July 2023.
Court heard that Montague was given power of attorney over Gilchrist’s finances before her death, and Garofano was not named as a beneficiary.
Court heard that on Nov. 2, 2023, the property administrator of the building on Cassandra Boulevard learned that several of the pre-authorized payments for rent made by Gilchrist had been reversed. The next day, he learned that Gilchrist had died and that her spouse was still living in the apartment.
The building employee obtained Montague’s contact information and called her, but got her voicemail. On Nov. 6, 2023, Montague returned the call and confirmed her aunt had died and said that Garofano should be paying the rent. The property administrator contacted Garofano and requested that he fill out the rental application and provide a cheque for rent, which he did. Garofano had, in fact, been paying rent since Gilcrist moved into the nursing home four years earlier.
Sometime before Nov. 15, 2023, Garofano and Montague spoke about Montague clearing Gilchrist’s belongings from the apartment. They agreed for Montague to attend on Nov. 15 at 11 a.m. and Garofano requested that in addition to Montague, Gilcrist’s 88-year-old sister and her daughter attend.
Gilchrist’s sister later told police that she did not get along well with Garofano. Her sister was a private person, and she hardly knew Garofano. She considered it “very strange” that he had requested her attendance that day, as he had never invited her over to the apartment. Nevertheless, she agreed to attend to assist in collecting her sister’s belongings.
On the day of the deadly collision, the facts state that Montague, her husband, Gilchrist’s sister and her daughter attended 250 Cassandra Blvd., arriving in a vehicle being driven by Montague’s husband. They parked in the visitors’ driveway, which was located in the roundabout in front of the building.
Garofano met them and told them he would wait in his car while they cleaned out the apartment. His usual parking spot was underground, but after the family arrived, he moved the car above ground and parked in the visitors’ lot.
After clearing out a few boxes and household items from Gilchrist’s apartment, Montague, her husband, Gilchrist’s sister and her daughter left the apartment. Montague and Gilchrist’s sister went over to speak to Garofano, who was sitting in his vehicle, while the two others went to the Montagues’ car.
A number of residents in the building described hearing yelling outside that sounded like a heated argument, although none could hear what the exchange was about. The noise prompted them to look outside. Each described seeing Montague walking away from Garofano’s vehicle with her back turned to it.
According to the facts, as Montague and Gilchrist’s sister walked back towards Garofano’s vehicle, Garofano drove his vehicle at them, striking them both. Both were knocked down. Montague was lying in the middle of the roundabout, while Gilchrist’s sister was knocked down near the curb near the Montagues’ vehicle.
Gilchrist’s sister was able to get out of the way after her daughter heard her mother scream and saw her lying face down in the roadway.
After striking Montague and Gilchrist’s sister, court heard Garofano proceeded to drive towards Montague’s husband, who was near his car. Garofano mounted the curb, hitting him and his vehicle, but was blocked from hitting Gilchrist’s sister and her daughter by Montague’s vehicle and a nearby suitcase.
“Mr. Garofano then reversed and proceeded to drive twice around the roundabout, running his vehicle over Ms. Montague two further times,” Petrie said, reading from the facts.
The incident was witnessed by at least three residents of the building. One described Montague as having been dragged by Garofano’s vehicle.
“All witnessed the accused driving over Ms. Montague at least three times before finally stopping his vehicle, putting it in park, and waiting for police to attend and arrest him,” Petrie added.
Montague, her husband and Gilchrist’s sister were all taken to hospital, where Montague was pronounced dead shortly after her arrival. The cause of her death was determined to be multiple blunt force (crush trauma). Her husband suffered a minor head injury and lacerations to his face and legs. Gilchrist’s sister suffered a fracture to her right femur and right patella.
Garofano was arrested at the scene.
A number of family and friends of the Montague family were in court Friday. A young man ran out of court visibly upset as some of the graphic details of the incident were read out.
A sentencing hearing for Garofano, who has been in custody since his arrest, has been scheduled for late June.
The Criminal Code mandates that those convicted of second-degree murder be imprisoned for life without eligibility for parole between 10 and 25 years.
The Crown indicated it will be seeking a parole ineligibility period of 20 to 25 years, with a 10-year sentence for each of the aggravated assault convictions to be served concurrently.
Garofano’s lawyer said he will be seeking a parole ineligibility period of 16 years, agreeing with the Crown that a 10-year sentence for each of the aggravated assaults, to be served concurrently, is appropriate.