A Toronto man who fatally stabbed an Etobicoke Collegiate Institute student at Keele subway station in March 2023 has pleaded guilty to second-degree murder.
Jordan O’Brien-Tobin, who was originally charged with first-degree murder in the death of 16-year-old Gabriel Magalhaes, stood in a downtown Toronto courtroom Wednesday and spoke calmly as he admitted his guilt.
Court also heard that before and after the March 25, 2023, O’Brien-Tobin sent messages to his girlfriend, friends and mother telling them “someone’s dying” and that he “stabbed someone and got away with it”
Wearing a green-prison issued sweatshirt with a blue dress shirt underneath and black pants, O’Brien-Tobin said he understood when Superior Court Justice Jane Kelly explained that by waiving his right to a trial, and by pleading guilty to the lesser charge of second-degree murder, he would be subject to a life sentence with the period of parole ineligibility to be decided by the judge.
Assistant Crown attorneys Karen Simone and Amanda Nash told Justice Kelly the Crown would be asking for a period of parole ineligibility of 18 years. Defence lawyers Robert Cutruzolla and Jeffrey Berman said they would be suggesting that O’Brien-Tobin should serve between 10 to 14 years before being eligible for parole.
According to an agreed statement of fact read out in court, on March 25, 2023, Gabriel was at Keele subway station with a friend on his way home, waiting to catch a train. The boys were seated on a bench located on the ground floor of the station.
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At approximately 8:53 pm, O’Brien-Tobin walked down a set of stairs near the bench where Gabriel and his friend were seated. O’Brien-Tobin had been carrying a backpack, which he moved to his front shortly before walking down the stairs. He turned and stared at Gabriel as the teenaged boys sat on the bench unaware of him. This was captured on surveillance cameras.
The accused then briefly exited the subway station, watched the teenagers through a set of automatic doors. He reached into his backpack and then came back into the subway station and walked immediately towards Gabriel at approximately 8:54 pm.
“Unprovoked and with no exchange of words, the accused stabbed Gabriel in the chest with a knife. He then walked away, exiting the subway station. Gabriel collapsed on the floor,” Nash said reading from the facts.
Court heard that Gabriel’s friend and two bystanders attempted to provide first aid until paramedics arrived. Gabriel was rushed to hospital by emergency run where tragically he was pronounced dead at 9:46 pm. An autopsy revealed that a single stab wound to the chest injured Gabriel’s left lung, pericardium and heart, causing his death.
At approximately 9:37 pm, O’Brien-Tobin attended a church on Roncesvalles Avenue and spoke to a priest and another member of the parish.
“He was acting strange and told them he felt like killing someone. They became concerned and escorted him out of the church approximately 20 minutes later,” Nash said, reading from the agreed facts.
It was approximately 20 minutes later, O’Brien Tobin, who was 22-years-old at the time, entered the emergency room at St. Joseph’s Health Centre. He was subsequently located by police sitting in the emergency room where he was arrested.
His backpack was seized and forensically examined. Blood on one of the inner compartments was found to have belonged to Gabriel. The knife was never located.
A forensic examination was also completed on O’Brien-Tobin’s cellphone. It was then, during an extraction of the phone that officers discovered that the accused was sending messages to his girlfriend, friends and mother before and after the murder.
These messages included “someone’s dying TN” and “I just stabbed someone random” and “I stabbed someone and got away with it.”
At the time of the murder, Global News reported O’Brien-Tobin had no fixed address and had a lengthy criminal record in Ontario and Newfoundland, including two convictions for assault with a weapon. One of the assaults involved a pair of scissors, the other involved a boxcutter.
Court records also showed that O’Brien-Tobin was convicted on multiple occasions for failing to comply with a release order. At the time of the murder, he was subject to a ten-year weapons ban.
A sentencing hearing has been scheduled for February at which time the crown says it’s expected victim impact statements will be read out in court.
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