HomeMy WebLinkAboutNA2005_07_03The Pickering
20 PAGES ✦ Pressrun 46,600 ✦ Metroland Durham Region Media Group ✦ SUNDAY, JULY 3, 2005 ✦ Optional delivery $6 / Newsstand $1
Jury deliberates four
days in first-degree
murder case
By Jeff Mitchell
Staff Writer
DURHAM — Cosmo Jacobson
has been found guilty of murder-
ing Roy Jones in a desperate bid to
prevent the Ajax man from testifying
against him in court.
A jury deliberated nearly four
days before finding the former Pick-
ering resident guilty of first-degree
murder and conspiracy to commit
murder in the death of Mr. Jones,
who was shot to death outside his
home Feb. 4, 2001. The penalty for
first-degree murder is life in prison
without parole for 25 years.
The verdict marks the culmina-
tion of a case that has been years in
the making, and included a lengthy
and exhaustive police investigation,
as well as two sensational trials.
A co-accused in the case was con-
victed of murder last year.
The verdict is a long-awaited relief
for the family of the 28-year-old Mr.
Jones, an innocent man who was
murdered for co-operating with po-
lice, and identifying Mr. Jacobson, a
man he knew from high school days
in Pickering, as a suspect in a violent
home invasion robbery.
“It’s been a long road,” said Keith
Jones, Roy’s brother, after the guilty
verdict Thursday afternoon.
“My family is glad there’s closure
to the whole thing. We’re happy that
the jury arrived at the right deci-
sion.”
The jury was faced with the task
of determining if Mr. Jacobson was
telling them the truth when he testi-
fied he never intended to kill Mr.
Jones when he went to Ajax on a
cold, sleet-lashed night with a gun,
looking to confront him.
Mr. Jacobson admitted he was
there the night Mr. Jones died, and
that he had played a role in the
man’s death. But he insisted he never
meant to cause Mr. Jones harm. Mr.
Jacobson emphatically denied being
the trigger man who shot Mr. Jones
four times and left him to die in the
middle of the street.
The Crown’s case, led by prosecu-
tor Paul Murray, was centred on a
conspiracy involving Mr. Jacobson
and his longtime friend, Sean Hall,
to silence the Crown’s key witness
in a case that could have sent Mr.
Jacobson to prison for several years.
Mr. Jones, who worked as a secu-
Guilty verdict for
Cosmo Jacobson
Board says not its
place to deal with
easement issue
By Danielle Milley
Staff Writer
PICKERING — The Ontario Mu-
nicipal Board has decided it won’t
get involved in the City of Picker-
ing’s decision to remove agricul-
tural easements from the Duffins
Rouge Agricultural Preserve.
Sandy Rider, of the Whitevale
Residents Association and local
environmental group the Green
Door Alliance, filed a contempt
application with the OMB June 7
to have it enforce the 1999 order
that created the easements in per-
petuity. Ms. Rider and the GDA
were parties to the memorandum
of understanding that created the
easements, as were Pickering, the
Region of Durham and the Prov-
ince.
OMB chairwoman Marie Hub-
bard sent a letter to the GDA and
Ms. Rider’s lawyer, David Donnel-
ly, June 29 denying the request for
a motion hearing.
“Any alleged breach of the
memorandum of understanding
and remedies that may lie in any
such alleged breach are properly
to be determined by a court of
competent jurisdiction and are not
within the jurisdiction or power of
the Board,” she wrote.
Ms. Rider was frustrated, but not
surprised.
“It’s disappointing,” she said.
“It’s bad that they won’t even en-
force their own rulings.”
Ms. Hubbard’s letter states the
OMB did not rule on the matter
of the easements, but rather on
amendments to the Region of Dur-
WET ’N WILD SUMMER FUN
Mike Pochwat/ News Advertiser photo
PICKERING — Students from Elizabeth B. Phin Public School cool off during a trip to the Petticoat Creek
Conservation Area swimming pool recently. It was a hot humid day, but the kids found a way to stay cool
on this final school excursion of the year.
Pickering residents’ OMB challenge denied
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rity guard at a Pickering flea market,
saw Mr. Jacobson withdraw money
from a bank machine with debit
cards stolen during a home invasion
robbery in June 2000.
Mr. Jacobson quickly became a
suspect, due to his involvement in
the home invasion robbery and Mr.
Jones’s pending testimony against
him, Durham Homicide Detective
Dave Henderson.
“He was on the radar screen only
because of his involvement in the
home invasion,” Det. Henderson
said.
Det. Henderson said the verdict
was important in an era when po-
tential witnesses are so often in-
timidated and made to fear for their
safety.
“Roy was doing his job. Roy did
as he was asked to do as a secu-
rity officer, and as a member of the
community,” he said. “The only way
police can do their job is by the
community coming forward.”
Deliberations began late Mon-
day.
Mr. Jacobson, who turns 30
Monday, took the stand in his own
defence. He said the plan was for
him to stand lookout at the west-
ern end of Twilley Lane, while Mr.
Hall would approach Mr. Jones and
menace him with the gun, a .45 cali-
bre semi-automatic Colt.
But that plan went badly awry
when Mr. Hall became involved
in a struggle with the victim and
“s queezed off” several shots, Mr. Ja-
cobson testified.
Mr. Murray called the defendant’s
testimony a weave of “overwhelm-
ing lies”. He said it was in fact Mr.
Jacobson who shot Mr. Jones four
times, the final shot an execution-
style blast to the back of the head as
the man lay wounded on Pickering
Beach Road.
In his closing argument, defence
lawyer Anil Kapoor took aim at the
Crown’s case, saying Mr. Jacobson
had no reason to trade a sentence of
several years on the robbery charges
for an almost certain life term for
murder.
And he pointed to what he
said was a glaring omission in the
Crown’s case: No one called Mr.
Hall, the man at whom Mr. Jacobson
pointed the finger of blame.
What the jury did not know was
that Mr. Hall was found guilty of
first-degree murder and conspira-
cy to commit murder — as well as
charges relating to the home inva-
sion — last fall. He is currently serv-
ing a life sentence.
As they left the Whitby court-
house together, members of Mr.
Jones’s family expressed gratitude to
the police and Crown’s office, and
to the community, who Keith Jones
said have offered support through-
out the lengthy ordeal.
And he acknowledged his mother,
Carmen, who sat stoically through
each day of both trials, spending
eight months in court, listening to
the details of her son’s death and the
case against his killers.
“She’s a very strong woman to
be here every day... and to keep the
family together,” he said.
“She truly is a phenomenal
woman.”
A/P PAGE 2 THE NEWS ADVERTISER,JULY 3, 2005 durhamregion.com
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In volvement in home invasion led police to Jacobson as suspect in Ajax man’s murder
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durhamregion.com THE NEWS ADVERTISER, JULY 3, 2005 PAGE 3 P
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Man gets 8 years
for manslaughter
By Jeff Mitchell
Staff Writer
DURHAM — Harsh jail
conditions do merit consid-
eration during sentencing,
an Ontario Court judge has
ruled.
Justice Joseph De Filip-
pis has shaved an addi-
tional six months off the
penitentiary term given to a
man who pleaded guilty to
manslaughter in the death
of Pickering resident Hugh
Cave, saying Patrick Simaan
endured “unique hardship”
during the more than two
years he’s spent in provincial
jails since his arrest.
But in a written ruling re-
leased Friday morning, the
judge rejected a defence
lawyer’s appeal for enhanced
credit for all the “dead time”
Mr. Simaan has spent behind
bars since being arrested in
February of 2003.
Cindy Wasser had argued
Mr. Simaan, 36, did not re-
ceive proper attention for
medical complaints and
spent an inordinate amount
of time in overcrowded or
locked-down jails while
awaiting his day in court.
She called for three-for-one
credit for the pretrial cus-
tody, rather than the tradi-
tional two-for-one credit
given for dead time. That
time is typically subtracted
from any sentence handed
down.
Crown counsel Frank
Giordano argued Mr. Simaan
should be entitled only to
the standard two-for-one
credit. The Crown and de-
fence agreed upon an eight-
year total sentence following
Mr. Simaan’s guilty plea.
During a hearing in May,
the judge heard that Mr. Si-
maan and Mr. Cave, 60, met
on the Internet and agreed
to meet for a sexual encoun-
ter in January of 2003. Mr. Si-
maan handcuffed Mr. Cave,
taped his mouth shut and
robbed him, taking off with
his car and credit cards.
Mr. Cave, left alone in his
basement apartment, died
of a heart attack; Mr. Simaan
was arrested shortly after the
liaison for second-degree
murder, a charge that was
reduced to manslaughter.
In his decision, Justice De
Filippis acknowledged Mr.
Simaan’s frequent moves
among provincial jails while
awaiting trial, and periods
of time during which he
was locked down or in over-
crowded conditions. But he
said for the most part, the
hardship the Toronto man
endured was not significant-
ly different than others.
Nevertheless, Justice De
Filippis said, Mr. Simaan
ought to be given some extra
credit for the time during
which he was ill and await-
ing proper medical atten-
tion.
“The defendant has estab-
lished that he suffered hard-
ship beyond that assumed
by the traditional (two-for-
one) credit for pretrial cus-
tody,” the judge wrote in his
ruling. “This arises primarily
because of his illness.
The judge sentenced Mr.
Simaan to two and a half
years in jail on top of the
dead time he has served, a
term that is the equivalent
of eight years.
Harsh jail time warrants reduced sentence
Eight-time drunk driver gets
five -year prison sentence
By Jeff Mitchell
Staff Writer
DURHAM — A career
criminal has been sent to
prison for nearly five years
after being convicted of his
eighth drinking and driving
offence since 1979.
The only way to keep 42-
year-old Douglas Jolicoeur
from endangering others is
to put him behind bars for
a substantial period of time,
Crown prosecutor Brenda
Green said during a sentenc-
ing hearing for the Oshawa
native Tuesday.
Ms. Green said Mr. Joli-
coeur’s “horrific” criminal
record — he’s notched 68
convictions over the past 25
years — indicates how little
regard the man holds for the
law, and the safety of others.
“He has been convicted
multiple times of drinking
and driving and he is a po-
tential killer,” Ms. Green said
in urging Superior Court Jus-
tice Myrna Lack to give Mr.
Jolicoeur penitentiary time.
“The only way to protect the
public against offenders like
Mr. Jolicoeur is to remove
them for significant periods
of time from society.
“We can’t wait until he
kills someone to take ac-
tion.”
The judge agreed, sending
Mr. Jolicoeur to prison for
a total of four years and 10
months. Mr. Jolicoeur, who
has been in custody since
his arrest on June 21, 2004,
will be credited with two
years of pretrial custody.
Mr. Jolicoeur, who never
obtained a valid driver’s li-
cense, has also been prohib-
ited from driving for life.
In passing sentence, the
judge noted that until he can
conquer booze, Mr. Jolicoeur
will be prone to criminal be-
haviour.
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