A man who stabbed a fellow rider on a moving subway car near Eglinton Station in July 2023 has been given a five-year sentence and three years of probation.
Moses Lewin, 27, who was representing himself, thanked Ontario Court Justice Katrina Mulligan as she explained that after enhanced credit for time already served, Lewin has only two months left on his sentence before being released on parole.
Lewin, who pleaded guilty to aggravated assault and failing to comply with a prior release order in relation to the subway attack on July 6, 2023, was also sentenced concurrently for six other unrelated charges he pleaded guilty to including theft of a motor vehicle, flight from police, assault resist arrest, and weapons dangerous.
Appearing via Zoom from the Toronto South Detention Centre, Lewin agreed with the Crown attorney who suggested a sentence of five years followed by three years of probation would be appropriate.
Mulligan appeared surprised and asked him if he wanted to express remorse or apologize.
“They tell me how they got to sitting in a cell, how they got before the courts, to give context. Everyone gets the opportunity to address me,” said Mulligan.
Lewin thanked the judge and explained, “This is because I have had time to review a lot of documents and the disclosure with regards to Derek’s injuries and so that’s why I am in agreement with the Crown. I do know that he had to go through surgery, was in the ICU, some of these are very permanent injuries.”
According to an agreed statement of facts, Lewin was seated on a moving subway car on July 6, 2023, on the Yonge Line and had his back turned to Derek Dyckhoff. Lewin had his phone to his ear and was playing music loudly. Dyckhoff turned to Lewin and asked him to turn the music down, saying it was disrespectful.
Get daily National news
Lewin replied with expletives and the two exchanged words before Dyckhoff punched and kicked Lewin. Lewin then pulled out a knife and stabbed Dyckoff several times as the victim ran to the back of the train with Lewin running after him.
As Dyckhoff reached the conductor’s booth, Lewin stabbed him several times and Dyckhoff screamed, “I’m going to die.”
The train then pulled into Eglinton Station where Dyckoff was treated before being taken to hospital.
Lewin had calmly walked back to where he was sitting, retrieved his sunglasses and bag and walked off the subway to the street. Lewin was subject to a release order at the time, which included conditions he not possess any weapons.
“You came all this way to the age of 23 with no criminal record. So surprising when you appeared before me with such a serious offence with the first conviction,” Mulligan told court in delivering her sentence.
Relying on a mental health assessment done in preparation for sentencing, Mulligan said it appeared that Lewin was impacted by a mental health diagnosis of schizophrenia in the late 2020s. But she told Lewin she understood he was not in agreement with that.
“I’m not disagreeing with it. It’s just that I have yet to receive a formal diagnosis, but I was in pursuit of getting a diagnosis that would be formal,” Lewin answered.
Mulligan told Lewin that according to reports, the consensus is that a crime spree that he engaged in, the most serious offence being the vicious stabbing on the subway, coincided with the onset of his schizophrenia.
“I’m satisfied, given what’s in the reports, your moral blameworthiness is somewhat attenuated in my opinion, mental health is connected to your crimes. Mental health increases your paranoia and your fight or flight response,” the judge explained.
She told Lewin that he is described as a high risk to reoffend, based on the author of the report’s belief that he lacks insight into his mental health issues and the past experience of not taking medications prescribed.
“If you’re at least willing to look into your mental health issues, then there’s a pathway to rehabilitation,” Mulligan said. “Managing that is required to be a pro-social member of the community.”
The judge pointed out that the victim had life-altering injuries after his hand was severed by the slashing and stabbing, and he had to have his spleen removed.
“He’s haunted by the attack given the viciousness of the attack. He can’t take the TTC anymore because the fear he has from that day,” said Mulligan, adding she would assume others on the subway were also haunted by Lewin’s actions that day.
She said it was also aggravating that he was on a release order at the time and had a condition to not possess any weapons.
“People should be able to take public transit, travel in safety, and not be caught on a subway car where there’s no ability to escape when a crime’s going on,” said Mulligan.
The judge added a number of conditions upon Lewin’s release on parole, including that he not be at the Eglinton TTC station.
“The sentencing memo requests that you not be on TTC property. I think in a place like Toronto that’s unworkable. I’m going to say you’re not going to be at the Eglinton TTC station except if traversing through on public transit.”
Mulligan also prohibited Lewin from being in the driver’s seat of a vehicle and issued a 10-year weapons prohibition.
“I wish you luck. I hope you really do explore the mental health issues. From the evidence before me, it led to this abhorrent behaviour. I know you understand the harm you committed om the victim,” Mulligan concluded.
Comments
Comments closed.
Due to the sensitive and/or legal subject matter of some of the content on globalnews.ca, we reserve the ability to disable comments from time to time.
Please see our Commenting Policy for more.