A Toronto senior convicted of second-degree murder in the killing of a fellow long-term care home resident with a cane while she slept more than three years ago has been sentenced to life in prison with no chance of parole for 10 years.
Peter Brooks, 76, was found guilty in the March 2013 death of 72-year-old Jocelyn Dickson last month, after pleading not guilty to first-degree murder.
He was also charged with the attempted murder of another fellow resident, 91-year-old Lourdes Missier, but was found not guilty on that charge.
READ MORE: Toronto senior found guilty of 2nd-degree murder in death of long-term care home resident
Toronto Police Det.-Sgt. Wayne Banks told reporters outside the courthouse he believed the sentencing was just and that Justice Maureen Forestell had classified Brooks as a “dangerous person to society at the time of the offence” and “a dangerous person to society now.”
“This was a very horrific and gruesome murder, three families have been affected by this and the parole board will have a tough decision in 10 years’ time,” Banks said.
“There’s the possibility that he may never get parole due to his ongoing medical issue that’s been diagnosed and age, we can’t predict what his health will be like in 10 years’ time.”
Brooks, who has been in custody and attended his trial in a wheelchair, had testified that a spirit in a dream had told him to “beat the crap” out of the two women and insisted he didn’t actually intend to harm anyone.
Forestell said Brooks “has taken no responsibility for what he did and it is unlikely he will ever do so” due to the fact that he has dementia. Forestell agreed with the Crown and defence in stating Brooks will not be eligible for parole for 10 years.
His trial heard that late one night in March 2013, Brooks used his cane to attack Dickson and Missier in their beds at the Wexford Residence in Toronto’s east end.
Brooks’ defence lawyer had urged jurors to find the elderly man not criminally responsible due to a mental disorder, arguing that Brooks has dementia and was unable to appreciate the nature of his actions.
But the Crown argued Brooks was not delusional and knew his actions were not only legally wrong, but morally wrong as well.
“There’s no doubt in my mind at the time when we laid the charge that Mr. Brooks knew exactly what he was doing. He searched three people out in that nursing home, or in the home that he was at, on different floors of people that he’s had disagreements with. He put some thought and planning into this,” Banks said.
“It’s my opinion, that the dementia was not in play at the time of the murder and I think it’s a just sentence.”
Banks said the sentence provided “some closure” to Dickson’s family and they were able to “put this chapter of a horrible story behind them.” He added they were “not happy” with the 10-year parole eligibility and would have preferred to see it increased to 25 years.
The trial heard Brooks, who came to Canada from Jamaica decades ago, had testy relations with both Dickson and Missier, who he described as “annoying” and aggravating him constantly.
Brooks attacked Missier first, the trial heard, swinging his cane at the head of the woman who was awake at the time and raised her hands to protect herself. She was left with fractured fingers, bruises and lacerations on her face.
While staff were responding to what happened to Missier, Brooks quietly made his way to another floor, where Dickson, a woman who was paralyzed on one side of her body, was asleep in her bed, the trial heard.
Using his cane once more, Brooks delivered at least seven distinct blows to Dickson’s head causing “massive” injuries that led to the woman’s death, the Crown has said. The force of the blows was strong enough to break off the top of Brooks’ cane.
The trial heard that Brooks then tried to make his way to the room of Margaret Burke, whom he had a rocky relationship with, but was stopped by staff who, only after a violent struggle, were able to wrestle away his cane. He was not charged in that alleged incident.
READ MORE: Toronto senior on trial for murder says spirit told him in a dream to beat up 2 women
Burke’s daughter Juanita Hickey said her mother could finally rest easy knowing he was behind bars.
“She was attacked by him and so for her this will be justice, that he can’t come and get her. Life in prison was something I was hoping for and of course I know there’s a chance of parole, appeal. I’ll be there every step of the way to make sure that he can’t hurt anybody else,” Juanita Hickey told reporters outside the courthouse.
Brooks’ lawyer had argued that his client believed residents at the Wexford were “conspiring against him” and consequently felt justified in his actions because of his delusional belief.
The defence lawyer also suggested staff at the nursing home completely mishandled the situation on the night of the attacks, calling them “incompetent and ill-equipped.”
“It seemed to be every floor she was moved to, he was moved to. Or if he was moved, they would move her to the same floor. And so I’m glad that she’s out of there and she’s now where people are watching over her,” Hickey said.
“I think more could have been done. He should have been in a secured facility if he was this aggressive.”
Hickey said her mother can finally enjoy the rest of her life and she is working to make her feel secure in her new home.
“I can’t speak for the other family members involved but I’m hoping that they feel maybe a little bit of peace.”
READ MORE: Lawyer says Toronto senior charged with murder should be found not criminally responsible
Brooks testified he believed the women who were attacked were united in an alleged attempt to have him moved out of the facility.
Two forensic psychiatrists who testified at the trial found Brooks had dementia, though they disagreed on the level of the condition, with one saying it was mild and the other saying it was moderate.
Both psychiatrists also agreed Brooks has damage to the frontal lobe of his brain – which deals with impulse control, emotional regulation and perspective – appeared disinhibited, and did not appear to appreciate the seriousness of the proceedings against him.
READ MORE: How seniors’ home safety changed since cane-beating death of resident
The psychiatrists disagreed, however, on the extent of the dementia’s effect on Brooks and his actions – one found it was only probable that Brooks was acting on a delusion on the night of the attacks while the other said it was possible.
The trial also heard from a geriatric psychiatrist who assessed Brooks a year before the attacks and found the senior represented a “chronic risk” to the home’s frail residents.
Dr. Stephen Barsky told the trial that he examined Brooks in April 2012 after receiving reports of three incidents of aggression by the man against other residents at the home and found the man somewhat irritable, sarcastic and not fully co-operative.
Barsky said he had concerns about Brooks’ level of judgement and felt the senior would be better off in a psychiatric group home where there might not be other frail elderly people he could prey on.
With files from Catherine McDonald and The Canadian Press