Man on trial for murder after verbal dispute over social distancing at LCBO store

The video is clear but silent. It’s just before 5:30 p.m. on Oct. 25, 2020, seven months after the COVID-19 pandemic started, when two men, strangers to one another, are seen interacting on video surveillance taken inside the LCBO at 3111 Danforth Ave.

The video was shown during the first week of the second-degree murder trial for Michael Roberts. The 23-year-old is accused of fatally shooting Jakub Sudomericky, a 21-year-old man with whom, prosecutors allege, he got into a verbal dispute inside the store over social distancing as Sudomericky was paying for his booze.

Roberts and his female friend were standing in line behind him and can be seen stepping back as the male cashier appears to be talking to the customers. Video showed the two men walked out into the parking lot separately. A short time later Sudomericky was shot outside the store.

On Tuesday, the first day of the trial, Roberts tried to plead guilty to the lesser charge of manslaughter but Crown prosecutors rejected that plea. Prosecutors will argue that Roberts intended to kill Sudomericky or intended to cause serious bodily harm that was likely to kill him.

Madam Justice Nola Garton, who is presiding over the case without a jury, has heard from two liquor store employees and two customers who were inside the LCBO store and overheard the dispute.

The male cashier testified that Sudomericky said to Roberts, “Get the f— back.” Roberts stepped back, then he replied, “I’m already back.” The employee said he tried to slow down the checkout process so that the two men would be separated.

A short time later, after both men walked out of the store about 20 seconds apart, there was a shooting in the parking lot and Roberts and his female friend fled in a silver Acura. Sudomericky was found with a single gunshot wound to the lower back. A knife was also found at the scene.

Police followed the silver Acura to Trudelle Avenue about eight kilometres away where Roberts was arrested in a high-risk takedown. Once back at Toronto Police 41 division, Roberts was charged with aggravated assault before he was told the charges were being upgraded to first-degree murder because the victim had succumbed to his injuries.

One of the arresting officers, Const. James Phuong, testified that he heard Roberts say, “He pulled a knife on me.” Another arresting officer, Const. Justin Kapp, told the court he said to Roberts, “You shot someone,” to which Roberts replied, “He pulled a knife on me.”

Roberts has pleaded not guilty to second-degree murder. The trial continues.