A 28-year-old Toronto man accused of killing his dad and mom and attempting to kill his brother has been discovered accountable.
The decision within the judge-alone trial for Alpha Henry was delivered in a Toronto courtroom Thursday afternoon. Alpha has been on trial for 2 counts of second-degree homicide referring to the deadly 2022 stabbing of his dad and mom, Veronica and Colin Henry, and one depend of tried homicide referring to his youthful brother, Daniel Kwame Henry.
Superior Courtroom Justice Joan Barrett rejected Alpha’s variations of occasions that his brother was the one accountable, saying Thursday she discovered Alpha accountable for the illegal act of stabbing his dad and mom to dying and attempting to kill his brother.
Alpha’s lawyer had already acknowledged if Barrett discovered him accountable, they might elevate the difficulty of being not criminally accountable (NCR) and would search an evaluation.
“I don’t imagine the defendants accounts that Daniel assault him and his dad and mom,” Barrett mentioned Thursday.
“I reject it. It doesn’t accord with motive and customary sense.”
On Sept. 21, 2022, at round 1:40 a.m., police have been referred to as to unit 417 at 27 Bergamot Ave. in Etobicoke once they discovered Alpha contained in the unit and his dad and mom lifeless within the bathtub.
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Through the trial, Daniel mentioned he had come house to seek out his brother, who was homeless, brandishing a knife. He mentioned his brother mentioned, “die, bitch” earlier than attacking him with the knife.
Daniel mentioned there was a scuffle, and he managed to wrestle the knife away from Alpha earlier than escaping the condominium, working down the hallway and out a stairwell. He ran to a gasoline station the place he requested a passerby to name 911 as a result of he mentioned he had misplaced his telephone within the commotion.
Assistant Crown legal professional Michael Wilson instructed Barrett that Alpha had used his lifeless mom’s cellphone to textual content Daniel whereas he was away on enterprise, and arrange his brother.
However Alpha’s lawyer, Jamie Kopman, argued it was his brother Daniel who killed his dad and mom.
Alpha persistently instructed police each when he referred to as 911, and later gave a press release to police, that Daniel arrived house and was annoyed to seek out his dad and mom engaged in prayer. Alpha mentioned it was Daniel who attacked him and killed his dad and mom, earlier than working off with the knife.
However Wilson mentioned that Daniel was overseas from Sept. 18 to twenty, and video surveillance exhibits he didn’t return to the condominium till 1:35 a.m. on Sept. 21.
The Crown had argued that Alpha fatally stabbed his dad and mom someday after 11:52 a.m. on Sept. 19, and afterwards, used his mom’s telephone to not solely textual content his brother, however to speak with people for intercourse providers. The our bodies, which have been doused in gasoline, had been lifeless for a while once they have been discovered, courtroom heard.
The Crown additionally argued Alpha used his mom’s key fob to enter his dad and mom’ constructing. Previous to their deaths, video surveillance confirmed Alpha was unable to achieve entry to the constructing.
“The Crown submits there may be motive: he murdered his dad and mom and he is aware of his brother is coming house, and that’s the rationale to finish his brother’s life – to keep away from legal responsibility for his crime,” Wilson mentioned throughout closing submissions on Nov. 19.
However Kopman pointed to the truth that the forensic pathologist may solely say the time of dying was someday after Veronica was final seen or heard from on Sept. 19, and earlier than she was discovered lifeless on Sept. 21.
The defence argued there was affordable doubt as as to if Alpha did it, and there’s an absence of proof as as to if Daniel was accountable.
“There’s a knife discovered on Daniel Henry. We don’t know whose DNA is discovered on that knife,” Kopman mentioned Nov. 19.
“There’s no conclusive proof Alpha cleaned up the scene and was ready for his brother to return house.”
After Kopman raised the difficulty of NCR, Wilson instructed Barrett he was not shocked by the defence’s request, given the Crown anticipated the argument of NCR by motive of a psychological dysfunction could be superior.
The case will return to courtroom Jan. 17 to argue for an NCR evaluation, which the Crown mentioned Thursday will probably be opposing.
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