Nicola C. Circelli

The offender pleaded guilty to manslaughter in the death of Devon Cherrey-Rooke, who was killed on August 7, 2022, in London, Ontario.

The offender, who was heavily intoxicated on crystal methamphetamine and fentanyl, engaged in an unprovoked armed attack on an unarmed, vulnerable homeless victim following a dispute over a drug transaction.

The attack lasted approximately 26 seconds and involved six strikes with a sharp-bladed instrument and a final kick.

The victim sustained three sharp force wounds, including a stab wound to the left thigh that severed a major artery, resulting in fatal hemorrhagic shock.

The offender fled the scene without rendering assistance, changed his distinctive clothing, and was arrested eight days later.

The court imposed a custodial sentence of nine years, with credit for 1,103 days of pretrial custody at a rate of 1.5:1, resulting in a net sentence of approximately 4 years, 5 months to be served in a federal penitentiary.

The court considered pre-trial applications by Althea Christopher and Tianna Smith to exclude evidence in a prosecution for unauthorized possession of a prohibited firearm while occupying a motor vehicle.

The applications were based on alleged breaches of Charter rights, including unreasonable search and seizure, and failures to comply with statutory reporting requirements.

The court found that the warrantless search of the vehicle's interior, which led to the discovery of a spent bullet casing, violated section 8 of the Charter.

The evidence was excluded under section 24(2) of the Charter, and the Crown subsequently withdrew the charges, ending the proceeding.