COURT FILE NO.: 13-30000573-0000
DATE: 20150723
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and -
MAURO GRANADOS-ARANA
Maureen Pecknold and Eadit Rokach for the Crown
Colin Adams and Misha Feldman, for Mauro Granados-Arana
HEARD: June 5, 2015
M. Forestell J.
REASONS FOR SENTENCE
Background
[1] Mauro Granados-Arana was found guilty of the second degree murder of Jamahl Franklin. Mr. Granados-Arana is before this Court to be formally sentenced to life imprisonment and for the pronouncement of the period of time before which he will be eligible to be considered for parole. The minimum period is 10 years and the maximum is 25 years.
[2] In order to sentence Mr. Granados-Arana, I must, to some extent, determine the facts of the offence. As stated by McLachlin C.J. in R. v. Ferguson[^1], I need not arrive at a complete theory of the facts but need only make those factual determinations necessary to decide the appropriate sentence. In so doing, I am “bound by the express or implied factual implications of the jury’s verdict.” To rely on an aggravating fact, I must be satisfied of that fact beyond a reasonable doubt and to rely on any other fact I must be satisfied on a balance of probabilities.
[3] In determining the period of parole ineligibility for Mr. Granados-Arana, I have determined the necessary facts underlying the guilty verdict. I have also considered the circumstances of the offender based on the evidence at trial and the evidence presented at the sentencing hearing. I have considered positions of counsel. I will set out these considerations before explaining my analysis and stating my conclusion.
The circumstances surrounding the commission of the murder
[4] Mr. Granados-Arana attended a New Year’s Eve party. He learned of a dispute between Mr. Franklin and another person. He and his friend, Baptists Bernier followed Mr. Franklin out of the party. There was a confrontation and Mr. Granados-Arana took out a gun and shot first at the feet of Mr. Franklin and then at his back as he ran away.
[5] It was submitted by counsel for Mr. Granados-Arana that I should find that there was an element of provocation or self-defence in the circumstances of the offence. It was not suggested that either rose to the level of a defence, but merely that the circumstances should be considered as mitigating in determining the period of parole ineligibility. I do not find that there was any provocation on the part of Jamahl Franklin, nor any element of self-defence on the part of Mr. Granados-Arana. Mr. Granados-Arana and Mr. Bernier sought out and confronted Mr. Franklin who was leaving the party. Mr. Franklin was unarmed and was not threatening Mr. Granados-Arana or anyone else when he was killed.
[6] For the purposes of sentencing, it is relevant to note that Mr. Granados-Arana brought a loaded gun to a crowded house party. He fired it across a city street in the early hours of the morning.
Circumstances of the Offender
[7] Mr. Granados-Arana was 22 years-old at the time of the offence. He is 25 years-old now. He completed grade 8 and he completed some credits in grade nine and one credit in grade 10. He struggled in school because of a learning disability. His mother was abused by his father and at one point lived in a shelter.
[8] Mr. Granados-Arana has a three year-old child.
[9] Mr. Granados-Arana abused marijuana and alcohol as a teen and cocaine as an adult.
[10] Mr. Granados-Arana has a criminal record. He was convicted of assault with a weapon and failing to comply with recognizance on January 5, 2010 and two counts of failing to comply with recognizance and one count of assault resist arrest on January 28, 2010. He was convicted of trafficking in a controlled substance in May 2014 and received a sentence of 1 day in addition to 18 months’ pre-sentence custody.
[11] Mr. Granados-Arana has completed several educational sessions while in custody awaiting trial.
Victim Impact
[12] Several Victim Impact Statements were filed and read to the Court. These statements from Jamahl Franklin’s siblings, parents, grandmother, cousins and uncle describe the role that Jamahl played in his family and the profound loss suffered by those close to him. The picture of Jamahl Franklin that emerges from the statements is of a young man who was full of life.
[13] He was clearly loved by his family. They have lost his companionship, his love and the joy and laughter that he brought to them. Their pain is increased knowing that he died violently and senselessly. His mother, as she said in her victim impact statement, experienced, “her worst nightmare as a parent.”
[14] The effect upon Jamahl Franklin’s loved ones, as disclosed by their victim impact statements, has been significant. I have considered the impact of the offence as disclosed by the statements in determining the appropriate parole ineligibility period while recognizing that no sentence can compensate Jamahl Franklin’s family and friends for their loss.
Positions of the Crown and Defence
[15] The Crown submitted that the period of parole ineligibility should be 15 to 17 years. The defence submitted that the parole ineligibility period should be 10 to 12 years.
Analysis
[16] In determining the period of time before which Mr. Granados-Arana will be eligible for parole, I must consider the factors set out in section 745.4 of the Criminal Code; namely, the nature of the offence, the circumstances surrounding the commission of this offence, the character of Mr. Granados-Arana and the general principles of sentencing.
[17] All sentencing objectives are relevant to the period of parole ineligibility. They include the maintenance of public safety, the separation of Mr. Granados-Arana from society, denunciation, general deterrence, specific deterrence and rehabilitation. However, in sentencing for second degree murder, rehabilitation has less weight than in sentencing for other offences.[^2]
[18] Our courts have repeatedly stated that in cases involving firearms, the objectives of denunciation and deterrence are of primary importance.[^3]
[19] It is an aggravating factor in this case that Mr. Granados brought a loaded gun to a party. It is an aggravating factor that he shot Mr. Franklin as he ran away. It was argued by counsel for Mr. Granados-Arana that there was evidence of intoxication and of some level of provocation. I disagree. Mr. Granados-Arana likely smoked some marijuana and had some alcohol at the party, but there was no evidence that he showed any signs of intoxication. Mr. Granados-Arana went looking for a confrontation and did so armed with a loaded gun. Mr. Franklin was not confronting Mr. Granados-Arana when he was killed.
[20] The only mitigating factors in this case are the relatively young age of the offender and the fact that he has made some effort to rehabilitate himself during his pre-trial incarceration.
[21] The circumstances of this offence and this offender in my view require that the parole ineligibility period be increased beyond the minimum. Mr. Granados-Arana’s actions in callously gunning down a fleeing victim call for a sentence that denounces the conduct and protects the public. In all of the circumstances, I have concluded that the period of parole ineligibility in this case will be 16 years.
Conclusion
[22] For these reasons I sentence Mr. Granados-Arana to imprisonment for life. I order that he not be eligible for parole until he has served 16 years of that sentence.
[23] The Crown also seeks an order pursuant to s. 109 of the Criminal Code and a DNA order. These are not opposed by the offender. I therefore make a weapons prohibition order pursuant to s. 109 of the Criminal Code for life and a DNA order pursuant to s. 487.051.
M. Forestell J.
Released: July 23, 2015
COURT FILE NO.: 13-30000573-0000
DATE: 20150723
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and -
MAURO GRANADOS-ARANA
REASONS FOR SENTENCE
M. Forestell J.
Released: July 23, 2015
[^1]: R. v. Ferguson, 2008 SCC 6, [2008] S.C.J. No. 6 at paras. 15-18
[^2]: R. v. McKnight, 1999 3717 (ON CA), [1999] O.J. No. 1321 (C.A.) at para 39
[^3]: 2005 30044 (ON CA), [2005] O.J. No. 3532 (C.A.)