ONTARIO SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 1243/11
DATE: 2012-04-16
BETWEEN:
HER MAJESTY THE QUEEN – and – RASHAWN GIBSON Defendant
Erin Norman, for the Crown
Lana Walker, for the Defendant
HEARD: April 10, 11, 12, 2012
E.J. Koke J
[ 1 ] The accused, Rashawn Gibson faces a 5 count indictment. He has been charged with assault using a weapon, contrary to section 267 (a) of the Criminal Code of Canada (“ C.C.C. ”). The alleged weapon was a sharp metal object, and the alleged victim was I.A. He has also been charged with uttering a threat of death against I.A., contrary to section 264.1(1) (a) of the C.C.C. Count three is a charge of breaching a probation order by failing to keep the peace and be of good behaviour, contrary to section 733.1(1) of the C.C.C. Count four is a charge that he committed a sexual assault on C.A., contrary to section 271 of the C.C.C. and count five is a charge that he touched C.A. for a sexual purpose, contrary to section 151 of the C.C.C. This count alleges that C.A. was under the age of 16 at the time.
[ 2 ] The counts which pertain to C.A. involve acts which are alleged to have occurred on April 27, 2010 and the counts which pertain to I.A. involve acts which are alleged to have occurred four days later, on May 1, 2010.
Evidence of C.A.
[ 3 ] C.A. was born on […], 1995 and is 16 years old. Presently she is a grade 11 student. At the time the alleged offences occurred she was 14 years old.
[ 4 ] C.A. testified that in the winter of 2008/2009 she, together with her mother I.A., her grandmother and her younger brother N.A. were living in a family shelter in Mississauga, Ontario. While living at the shelter she met the accused, Rashawn Gibson who was living there with his girlfriend, Tonia Rich. A friendship developed between the members of her family and Mr. Gibson and Ms. Rich. She came to know Mr. Gibson as Shawn and she referred to him as Shawn while she was testifying. Both families were waiting for housing to become available for them.
[ 5 ] When accommodations became available for Shawn and Tonia Rich early in 2009 they invited C.A. and her family to leave the shelter and move in with them until the family could secure their own housing. C.A.’s family accepted this offer but after several weeks the friendship broke down and C.A. and her family were asked to leave. The circumstances surrounding their departure from Shawn and Tonia’s house resulted in considerable acrimony between the two families. C.A. recalled that her mother arranged for them to move into another apartment a day after they left Shawn and Tonia’s home.
The April 27, 2010 Incident
[ 6 ] C.A. testified that after she and her family moved out of Shawn and Tonia’s apartment in 2009 she did not see Shawn until the spring of 2010. At this time, she had developed a friendship with another student at her high school, T.B. (“Toni”). She explained that she accompanied Toni to Toni’s home which was located in an apartment building on Roche Crescent almost every day after school. There are a number of apartment buildings on Roche Crescent and Shawn lived in one of the adjacent buildings. He had friends who lived in the apartment building where Toni lived and she would regularly see him there with his friends.
[ 7 ] On April 27, 2010 C.A. did not go to Toni’s apartment but went to her friend Mike’s apartment. Mike lived in the same building as Toni. Mike and Shawn were friends and while she was in Mike’s apartment Shawn showed up at the door and hung out with them.
[ 8 ] When C.A. left Mike’s apartment to return home Shawn accompanied her on the elevator down to the main floor, where she proceeded to the stairwell to exit the side of the building. C.A. testified that when they reached the stairwell Shawn pushed her up against the wall and started to kiss her and fondle and stroke her breasts and buttocks. She stated that she resisted and tried to push him away but she was unable to do so; he was too strong. She stated that although he attempted to put his hands down her pants her belt was so tight that he was unable to do so. Shawn continued to kiss and feel her breasts and buttocks for what she believes was about 10 minutes, at which time J.W. entered the stairwell.
[ 9 ] C.A. testified that J.W. was a student in her school and she saw him on almost a daily basis in class. When J.W. saw what was happening in the stairwell he told Shawn that C.A. had to go home, at which time Shawn released her. She stated that the incident left her feeling disgusted. She believes that Shawn is about 28 years old now.
The May 1, 2010 Incident
[ 10 ] C.A. testified that in the late afternoon or early evening on May 1, 2010 she went to her friend Toni’s apartment. She telephoned her mother about 9 p.m. and asked if she could spend the night with Toni. Her mother refused this request and informed her that she would pick her up in her car and take her home a little later.
[ 11 ] C.A.’s mother I.A. arrived at Toni’s apartment building about 10 p.m. When she arrived Toni’s mother J.B. met I.A. outside of the building and the two of them talked. C.A. stated that she then saw Shawn walking outside of the building. Based on the way he was walking she assumed that he was drunk. I.A. approached Shawn and they started to argue.
[ 12 ] C.A. testified that her mother approached Shawn because she wanted to confront him about the fact that he had been spreading rumours that she (C.A.’s mother) wanted to have sex with him. She also wanted to confront him about the fact that he had been touching C.A. and her friends inappropriately. The argument became very heated, with Shawn calling I.A. “white trash” and I.A. accusing him and Tonia of stealing from them when they lived together. Shawn also said some derogatory things about C.A.’s grandmother and I.A. accused Shawn of being mentally retarded.
[ 13 ] While they were arguing and yelling at each other C.A. observed that Shawn had what she believed was a knife in his hand. She explained that she did not see the handle but she could see the shiny metal part sticking out of his hand adjacent to his middle finger. The blade was pointed down. Shawn then said to I.A. that he was going to stab her, at which time Toni’s stepfather Dan attempted to restrain him by pulling him back. I.A. had picked up a stick which C.A. believed was a piece of a tree branch, approximately 2 1/2 to 3 feet long. The argument took place on a small grassy hill in front of the apartment building.
[ 14 ] C.A. testified that after Shawn pulled out the knife I.A. retrieved her cell phone and called 911. The police arrived a short time later, but Shawn had left the scene.
(Decision text continues exactly as in the source.)
E.J. Koke J.
Released: April 16, 2012
COURT FILE NO.: 1243/11
DATE: 2012-04-16
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN HER MAJESTY THE QUEEN – and – RASHAWN GIBSON Defendant
REASONS FOR JUDGMENT
E.J. Koke J.
Released: April 16, 2012