COURT FILE NO.: CR-18-0089-000
DATE: 2020-01-29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
T. Jukes & D. Silvestro, for the Crown
- and -
Garnet Jay Loon
Mr. D. Gunn, for the Accused
Accused
HEARD: January 6, 2020,
at Thunder Bay, Ontario
Mr. Justice W. D. Newton
Reasons on Sentence
Overview
[1] Garnet Jay Loon was charged with the second-degree murder of Robert Lloyd Gray contrary to s. 235(1) of the Criminal Code. He was also charged with causing the death of Kory-Lee Campbell by manslaughter contrary to s. 236(b) of the Criminal Code.
[2] Mr. Loon pleaded not guilty to second-degree murder but guilty to manslaughter for the death of Mr. Gray. The charge with respect to the death of Kory-Lee Campbell was withdrawn at the request of the Crown.
The Facts
Circumstances of the Offence
[3] An agreed statement of facts was filed and is attached as Schedule 1 to these reasons.
[4] On July 1, 2017, police responded to a 911 call expressing concern for the well-being of Robert Gray who had not been seen since June 27, 2017. Upon entering Mr. Gray’s residence, police discovered the body of Mr. Gray, aged 50, and the body of Kory-Lee Campbell, 22.
[5] Garnet Loon was the stepfather of Ms. Campbell. Both Mr. Gray and Mr. Loon were known to be members of the Native Syndicate Street Gang. Both have significant criminal records with multiple convictions for violence.
[6] Most of the facts were obtained as a result of the questioning of Kailee Loon, then aged 19, a daughter of Mr. Loon. Ms. Loon gave a statement to the police and testified at the preliminary hearing. Her evidence establishes that she and her father were at the residence with Mr. Gray and Ms. Campbell on June 27, 2017.
[7] According to Ms. Loon, she was encouraged by Mr. Gray and Mr. Loon to fight with Ms. Campbell. After the fight, Ms. Campbell was upset. The narrative from the agreed statement of facts continues:
22 Garnet Loon told Kailee to get a beer out of the fridge [in] the kitchen. Ms. Loon got a bottle of Old English beer and both she and Robert Gray took a drink from it. Kailee Loon then handed the beer to Mr. Loon. Garnet Loon poured the beer onto the rag and then held it over Kory Campbell’s face. Garnet Loon then held the beer bottle to the nose area of Kory Campbell and poured beer on her.
23 Garnet Loon and Robert Gray started arguing. While still seated in the armchair, Robert Gray grabbed Garnet Loon’s arm. Kailee Loon’s position is that was because Robert Gray became upset over Garnet’s continued treatment of Kory-Lee Campbell and told Garnet Loon “that is enough bro”. Garnet Loon’s position is that the argument was over an old debt. Then they started fighting. Kailee Loon tried to break up the fight, but she got pushed out of the way. Both were exchanging punches with Garnet Loon landing more blows. Garnet Loon then hit Robert Gray in the face which caused him to fall to the ground, he appeared to be unconscious. Garnet Loon then took a skateboard which was beside the couch and hit Robert Gray a number of times. Kailee Loon states that Robert Gray stopped moving.
25 Kailee Loon was then told by Garnet Loon to get a knife from the kitchen. She couldn't find a knife, but found a 2 pronged metal fork, which she brought to Garnet Loon. She saw Garnet making a thrusting motion with the fork towards the prone body of Robert Gray.
27 Kailee Loon grabbed the rest of the beer from the fridge and left out a window with Garnet Loon. (The door latch was no longer working)
[8] The next day, June 28, 2017, Mr. Loon told a witness that he had been in a fight with Mr. Gray and “beat up Robbie”, that he “over beat him.” He told another witness, “I think I may have killed him, but I’m not too sure.”
[9] On July 2, 2017, Mr. Loon was arrested in Sioux Lookout, about 400 kilometres from Thunder Bay.
[10] The postmortem examination found multiple contusions, abrasions, and lacerations to Mr. Gray’s face, head, neck and torso. Two skull fractures were confirmed: left zygomatic arch and left mandible. The cause of death was determined to be blunt force trauma causing a brain injury. Pathological examination revealed that the brain injury occurred hours before death. It is agreed that Mr. Gray was alive when Mr. Loon left the residence.
Circumstances of the Offender
Gladue Report
[11] I had the benefit of a very thorough and comprehensive Gladue report prepared by Aboriginal Legal Services. The author based her report on interviews with Mr. Loon; a cousin, Kathy Loon; and Paula Potts, the Native Inmate Liaison Officer of Central North Correctional Centre. She also reviewed records from Poundmaker’s Lodge and Treatment Centre.
[12] Mr. Loon is 44 years old and a “Status Indian” from Cat Lake First Nation. Cat Lake First Nation is a remote Anishinaabe community of about 500 people approximately 400 kilometres north of Thunder Bay.
[13] Mr. Loon was raised, in part, by a maternal aunt. He said that his biological father denied paternity until he was 14. There was a suggestion that Mr. Loon suffered a head injury when he was three or four. It was reported that he was knocked out and did not “wake up” until the next day.
[14] Mr. Loon attended “Indian Day School” from when he was five or six until he was 14. He has abused substances since his preteens. This has included sniffing gasoline and using marijuana, acid, and alcohol.
[15] Mr. Loon said that he was recruited to the Native Syndicate gang in 1995 when he was 19 years old while in jail.
[16] Mr. Loon has never had steady employment other than once for four or five months when he was 24.
[17] Mr. Loon has four children, but his children have been in care since 2004. His youngest two children are still in care.
[18] In addition to losing his children, Mr. Loon has lost most of his siblings due to their early deaths. Of his nine siblings, only three are alive. One sister died from a beating. Others died from drug overdoses or complications from addiction. One sister froze to death when she got lost in a storm and was “too drunk to walk back.” Mr. Loon is not close to his remaining siblings.
[19] His cousin, Kathy, said that being on the land would settle Mr. Loon. Mr. Loon says that being on the land releases stress.
[20] Mr. Loon was diagnosed by a psychiatrist in Thunder Bay with anxiety and posttraumatic stress disorder in 1998.
[21] Mr. Loon considered the victim a close friend. He told the writer that he is remorseful for what he has done in the past.
[22] According to the report writer, in 2002, Mr. Loon wished to change his life and applied to the Poundmaker Lodge in Saskatchewan after his release from custody. Unfortunately, there was a waitlist, so Mr. Loon was not immediately admitted. Mr. Loon started to drink and did not attend the Lodge. Also, while in custody, Mr. Loon did not work with the Indigenous Liaison staff because, according to Mr. Loon, he was instructed not to do so by his “gang.”
[23] Mr. Loon says that he is no longer involved with his gang. He expressed a desire to mentor young people. He said, “I want to be able to be a role model to the kids on the reserve. I want them to look up to me and see that anyone can change.” Mr. Loon has identified his religious faith as very important to him and says that his faith has been helping him while in custody.
Recommendations
[24] The Gladue writer made recommendations for treatment and counseling following Mr. Loon’s release. She also recommended that Mr. Loon be placed in the Aboriginal Pathways unit while in custody with access to Aboriginal Programming and a Native Inmate Liaison Officer.
Criminal Record
[25] Mr. Loon’s criminal record begins in 1993. In the 24 years leading to this offence, he has had 37 convictions, mostly, 26, related to violence and threats of violence. His record includes 14 convictions for assault, three for threats, two for assaulting a police officer, three aggravated assaults, two assaults with a weapon, one assault causing bodily harm and, in 2009, a conviction for manslaughter, for which he received a six-year sentence. The convictions for violence occurred regularly over the years, except for the periods when Mr. Loon was incarcerated.
Statement of Mr. Loon
[26] When Mr. Loon was given an opportunity to speak, he said that he wanted to apologize to the victim’s family. He acknowledged that he caused “so much pain” and he described his actions as “inexcusable.” He said that he was “deeply sorry.”
Impact on the Victim and/or Community
[27] Connie Gray McKay is a cousin of the deceased. She is from Mishgeegogamang First Nation and has been a band councilor for 10 years and Chief of her community for 12 years. She described her community as a “hub community” for families from other First Nations, including the First Nation to which Mr. Loon belongs. She said that trauma like this affects the relationships between those communities. Many of the families are interrelated. She observed that everyone is affected by the loss of Robert Gray and because Mr. Loon has family members in his community.
[28] She said that her aunt, Mr. Gray’s mother, has “never been the same” since Mr. Gray’s death. Mr. Gray’s mother could not understand why Mr. Loon, someone she has welcomed in her home so many times, would do something like this to her son.
[29] Ms. McKay spoke of forgiveness in her spirituality and said that, as an individual, she forgives Mr. Loon. She prays that he can seek to forgive himself, seek forgiveness of others, and seek forgiveness of the creator.
Legal Parameters
The following Criminal Code provisions apply:
Purpose and Principles of Sentencing
718 The fundamental purpose of sentencing is to protect society and to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives:
(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
(b) to deter the offender and other persons from committing offences;
(c) to separate offenders from society, where necessary;
(d) to assist in rehabilitating offenders;
(e) to provide reparations for harm done to victims or to the community; and
(f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community. R.S., 1985, c. C-46.
Fundamental principle
718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
Other sentencing principles
718.2 A court that imposes a sentence shall also take into consideration the following principles:
(b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;
(c) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and
(d) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.
[30] Section 718.2(e) requires that sentencing determinations consider the unique circumstances of Aboriginal peoples (R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 S.C.R. 688).
[31] In Gladue, the Supreme Court of Canada stated:
81 The analysis for sentencing Aboriginal offenders, as for all offenders, must be holistic and designed to achieve a fit sentence in the circumstances. There is no single test that a judge can apply in order to determine the sentence. The sentencing judge is required to take into account all of the surrounding circumstances regarding the offence, the offender, the victims, and the community, including the unique circumstances of the offender as an Aboriginal person. Sentencing must proceed with sensitivity to and understanding of the difficulties Aboriginal people have faced with both the criminal justice system and society at large. When evaluating these circumstances in light of the aims and principles of sentencing as set out in Part XXIII of the Criminal Code and in the jurisprudence, the judge must strive to arrive at a sentence which is just and appropriate in the circumstances. By means of s. 718.2(e), sentencing judges have been provided with a degree of flexibility and discretion to consider in appropriate circumstances alternative sentences to incarceration which are appropriate for the Aboriginal offender and community and yet comply with the mandated principles and purpose of sentencing. In this way, effect may be given to the Aboriginal emphasis upon healing and restoration of both the victim and the offender. [Emphasis added.]
Positions of the Parties
[32] While counsel could not agree on a sentence, counsel agreed that the appropriate sentence range would be 13 to 17 years.
[33] In arguing for the lower end of the range, counsel for Mr. Loon, relied on the following cases: R. v. Taylor, 2013 ONSC 3370, R. v. Baldwin, 2017 ONSC 5040, R. v. Killiktee, 2011 ONSC 5910, aff’d 2013 ONCA 332 and R. v. Camille, 2018 BCSC 1595.
[34] Crown counsel relied upon the trial and appeal reasons in R. v. Tahir, (27 August 2012), Toronto, C56682 (Ont. Sup. Ct. Then J.), 2016 ONCA 136, R. v. Piche, [2005] A.J. No. 1335, aff’d 2006 ABCA 220 [2006] A.J. 836, [2007] S.C.C.A. No. 17, and Baldwin. I summarize the parties authorities below.
[35] Taylor was an 18-year-old with no criminal record who was convicted for manslaughter and received a six-year sentence. His victim was stabbed eight times. He turned himself in to police. The trial judge noted that provocation reduced Mr. Taylor’s moral blameworthiness. The judge concluded that Mr. Taylor was an excellent prospect for rehabilitation.
[36] Killiktee was a 28-year-old Indigenous woman with a record for violence. Her longest sentence before her conviction for manslaughter was 130 days. In imposing a sentence of nine years for this conviction Ratushny J. noted:
66 This is meant to be a sentence that emphasizes the objectives of denunciation, public safety, specific deterrence and rehabilitation. It is a longer sentence that recognizes the seriousness of your crime, the difficult path ahead for you, and your need for sustained treatment in a controlled setting. And notwithstanding its length, it is also a sentence that recognizes the role of your very difficult past in your actions against Ms. Lahey. Your abusive childhood and background serve to reduce your moral culpability for your actions in taking her life and, as a consequence, they are able to serve to reduce the length of your sentence. However, because your background also serves to increase the risk you present to the safety of the community, that factor counterbalances its mitigating force. Your sentence is meant, therefore, to emphasize both objectives of public safety and rehabilitation. The two go hand in hand. The longer you are able to be treated while you are supervised and controlled and the longer you are able to work hard at treatment while you are supervised and controlled, the safer the public will be at the time of your release.
[37] Baldwin was a 31-year-old Indigenous man with an adult record of failing to stop at the scene of an accident, possession of property obtained by crime, manslaughter in 2005, for which he received a seven-year sentence, and robbery in 2009. In this case, Mr. Baldwin received a sentence of 12 years, less time served. The judge noted that Mr. Baldwin’s “post-offence conduct exacerbates his moral blameworthiness,” adding that it is “one thing to assault a vulnerable old man” and “it is another thing altogether to not seek assistance and to let him bleed to death” (para. 34).
[38] Camille was a 49-year-old Indigenous man who received a sentence of nine and half years for manslaughter. He had a record of 13 offences including a conviction for manslaughter and six other violence offences. The first manslaughter conviction was over 30 years previously.
[39] Tahir received a sentence of 12 ½ years for a manslaughter conviction. In a “state of rage and highly intoxicated,” Tahir beat the victim who died a few weeks later. In imposing sentence, the trial judge noted a number of aggravating factors including the criminal record, the victim’s defenselessness, the use of a weapon, and the callous disregard in failing to render assistance or call for assistance. The Court of Appeal did not set aside the sentence for this “aggravated” manslaughter (para. 2).
[40] Piche was a 36-year-old Indigenous man who was found guilty of manslaughter in the death of a 60-year-old man whom he beat with the man’s own cane. He had a prior conviction for manslaughter about 10 years before. Mr. Piche received a sentence of imprisonment for life. That sentence was not disturbed by the Alberta Court of Appeal. Leave to appeal to the Supreme Court of Canada was denied.
Reasons and Sentence
[41] As noted in Tahir, a guilty plea “constitutes an acceptance of responsibility and is some concrete demonstration of remorse and the first step to rehabilitation.” The plea of guilty also must be taken by me as an important factor in mitigation of penalty. However, as in Tahir, there are several significant aggravating factors in this case.
[42] Mr. Loon has 26 prior convictions for violence and threats of violence including assaults with weapons, assaults causing bodily harm, aggravated assaults, and most significantly, a conviction for manslaughter in 2009 for which he received a six-year sentence. Since his release from penitentiary for the manslaughter sentence, the pattern of violence has continued. Mr. Loon was convicted of assault in June 2016 and uttering threats in February 2017. About four months later, Mr. Loon was responsible for Mr. Gray’s death.
[43] Mr. Gray was knocked unconscious and, therefore, defenceless when the fatal blows were delivered. Weapons were used.
[44] After Mr. Gray was knocked unconscious, Mr. Loon used a skateboard to strike Mr. Gray a number of times. Another weapon was used. He sent his daughter to get a knife. She could not find a knife, so she gave him a two-pronged metal fork which he used on Mr Gray.
[45] The brutality of the assault and the injuries are also aggravating factors. Mr. Loon struck Mr. Gray with enough force to cause two skull fractures. The blunt force trauma caused the brain injury. And, Mr. Loon was aware of the extent of the injuries. He told others that he “overbeat” Mr. Gray and that he “may have killed him.”
[46] Uncertain whether he had killed Mr. Gray, Mr. Loon left Mr. Gray to die. The postmortem examination revealed that the brain injury occurred hours before death and it is agreed that Mr. Gray was alive when Mr. Loon left after the assault. This callous disregard for Mr. Gray’s well-being, is a further aggravating factor (see Baldwin and Tahir). Mr. Gray was found dead about four days after the beating. By then, Mr. Loon was hundreds of kilometres away.
[47] As was so powerfully stated by Mr. Gray’s cousin and the community leader, Connie Gray McKay, this crime affects not only those directly involved but all members of the communities: everyone is interrelated. The cycle of violence and the trauma from occurrences like this in our First Nation Communities must end.
[48] As the Gladue report clearly indicates, Mr. Loon’s life has been scarred by abuse, trauma, tragedy, lack of adequate education, unemployment, addiction, suicide attempts and violence. Attempts at rehabilitation have been unsuccessful.
[49] To date, Mr. Loon has been in pre-sentence custody for 943 days. With enhanced credit of 1.5 days, which is not disputed by the Crown, this is equivalent to 1,415 days or three years and ten-and one-half months in custody.
[50] In imposing this sentence, I have considered that the fundamental purpose of sentencing is the protection of society and the maintenance of a just, peaceful and safe society. I have also considered the objectives of denunciation, deterrence, protection of the public, and, in keeping with Gladue, rehabilitation. I am guided by the fundamental principle that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
[51] I find the following statement of Ratushny J. in Killiktee applicable to Mr. Loon in this case:
The longer you are able to be treated while you are supervised and controlled and the longer you are able to work hard at treatment while you are supervised and controlled, the safer the public will be at the time of your release.
[52] Mr. Loon, please stand.
[53] After consideration of all these factors, I conclude that the appropriate sentence is 16 years. With credit for pre-sentence custody, your effective sentence will be a further 4,425 days in custody, in effect, just over 12 years.
[54] Although past attempts at rehabilitation have not been successful, I accept the recommendation of the Gladue report writer and direct that Mr. Loon be placed in an Aboriginal Pathways Unit while in custody, with access to Aboriginal Program and a Native Inmate Liaison Officer.
[55] As a further consequence of your conviction, ancillary orders are mandated by the Criminal Code. Pursuant to s. 109(1)(a), you are prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, and explosive substances for life. Further, you are required to submit a sample of your DNA to the DNA Data Bank.
[56] You may be seated.
Conclusion
[57] To the family of Robert Gray, I express my sympathy for the loss of a brother and a cousin. I particularly thank Connie Gray McKay for assisting me in understanding the impact upon her community and the greater First Nation community of the tragedy in this case.
[58] To counsel and the Gladue report writer, I express my gratitude for the very helpful submissions during the sentencing process.
“Original signed by”
The Hon. Mr. Justice W.D. Newton
Released: January 29, 2020
COURT FILE NO.: CR-18-0089-000
DATE: 2020-01-29
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty the Queen
T. Jukes & D. Silvestro, for the Crown
- and -
Garnet Jay Loon
Mr. P. Gunn, for the Accused
Accused
REASONS ON SENTENCE
Newton J.
Released: January 29, 2020
/lvp
Schedule 1
R. v. Garnet Loon
Agreed Statement of Facts
On July 1, 2017 at 1920 hours, Thunder Bay Police received a 911 telephone call from Doris Cromarty, stating that she and Betsy Fox had attended at 248 Carl Avenue in order to check on Robert Gray. They both were concerned as they had not heard from Robert Gray since June 27, 2017. Upon arriving at 248 Carl Avenue, they discovered the body of Robert Gray inside the house, on the stairs leading to the upper level with severe trauma to his face. He was cold to the touch and would not move.
Police attended, observed a male (later identified as Robert Gray) on the stairwell leading from the front door to the upper level.
Police further observed that there were signs of an altercation inside the living room. They also observed that the hallway of the top floor (leading from the stairwell to the living room) had blood all over the floor and the walls of the top floor. Most was dry. There were also hand and wipe marks on some of the walls.
Inside the living room there was large pooling of blood in the entrance to the living room, as well as along the east living room wall.
The house was searched by police and a second person was found deceased in the living room, lying on her back with her arm across her face, with blood and hair in her hand. The female was later identified as Kory-Lee Campbell.
Both Robert Gray (50 years old) and Kory-Lee Campbell (22 years old) were declared deceased at the scene.
Garnet Loon is the father of Kailee Loon (19 years old at time of offence), stepfather of Kory-Lee Campbell. Thunder Bay Police know both Robert Gray and Garnet Loon to be members of the Native Syndicate Street Gang. Both Mr. Gray and Mr. Loon have significant criminal records with multiple convictions for violence.
Cause of Death for Robert Gray
Dr. Kona Williams performed the post-mortem examination of Robert Gray on July 4, 2017.
While her report will be filed as an exhibit, some of her findings are set out as follows:
At autopsy, there were multiple significant findings:
- Blunt Impact Trauma
a. Multiple abrasions, contusions and lacerations over the face and head (externally).
b. Contusions of the scalp, fractures of the left mandible and zygomatlc arch (internally).
c. Multiple contusions and abrasions of the torso and extremities.
d. Near-complete traumatic amputation of the right thumb.
e. Axonal Injury to the Brain (See Neuropathology Report)
- Liver Cirrhosis
a. Macroscopic fatty changes
b. Microscopic evidence of cirrhosis with fatty change
- Toxicology
a. Ethanol and tramadol detected in the post-mortem blood.
b. Ethanol detected in the post-mortem urine.
- Biochemistry
a. Elevated urea and creatinlne
- Patchy, acute Inflammatory Infiltrates within the lung, associated with food particles.
The multiple injuries to the face and head with fractures of the cheek and jaw are likely due to repeated blows with a blunt object. There is a faint patterned injury on the forehead which may be the result of stomping. Some, but not all, of these blunt Impact injuries to the body may also be due to a fall,or falls.
Neuropathological examination revealed diffuse traumatic axonal injury (grade 1), with few microscopic contusions, and scant subarachnoid bleeding. At dissection there was also a small subdural hematoma. This correlates with the recent blunt impact head Injuries, and indicates a survival period of hours prior to death.
Investigation by the Thunder Bay Police
Members of the Thunder Bay Police proceeded to seek out and interview the family and known associates of Mr. Gray and Ms. Campbell.
On June 27, 2017 Robert Gray, Garnet Loon, Kailee Loon and Betsy Fox were at Robert Gray’s mothers house. Betsy Fox left the address at 1300 hours to go to her mother’s house. Robert Gray told Betsy Fox that he would be going to 248 Carl Avenue later in the day to drink.
Robert Gray and Betsy Fox have been dating since November 2016. Ms. Fox had been renting 248 Carl Avenue for the preceeding five years. Over the last couple of weeks she has stopped staying at 248 Carl Avenue because there has been a lot of drinking going on there. Since then, Robert Gray has been the only person with a key to the address.
On June 27, 2017, Robert Gray last texted Betsy Fox between the hours of 1800 hours and 2000 hours. The last Facebook post made by Robert Gray was at 1834 hours. Between June 27, 2017 and July 1, 2017, no persons had had any social media contact with Robert GRAY or Kailee LOON.
On June 28, 2017 at 1400 hours, Garnet and Kailee Loon attended the Limbrick complex where they met Olivia Necan-Wesley outside of 71G Limbrick, as she was getting her mail. Ms. Necan-Wesley has known Garnet Loon for 20 years as they come from the same First Nation. Garnet Loon was intoxicated and started to speak with her. Garnet Loon stated to Ms. Necan-Wesley that Kailee Loon and he had come from 248 Carl Avenue. In Ojibway, Garnet LOON then advised her that he had gotten into a fight with Robert Gray and beat up Robbie. Olivia advised that he "over beat him."
Officers met with Richard McNeill who stated that on Wednesday June 28, 2017 at approximately 1100 hours, Garnet Loon attended his residence with his
daughter Kailee. He stated that Mr. Loon asked about clothes for Kailee as his other daughter had kept clothes there. Garnet Loon also asked Richard McNeill if he had an extra pair of shoes to lend him. Garnet Loon told Robert McNeill, "I think I may have killed him, but I'm not too sure." Garnet Loon said they couldn't get out of the door, so they (meaning Garnet and Kailee) had to climb out the window.
Evidence of Kailee Loon with cross-referencing
On October 20, 2017 at 1228 hours, Detective John Read in the company of Detective Constable Sean Verescak attended at the Correctional Centre, Highway 61, the Women's Centre, to speak to Kailee Loon. She provided a sworn statement to Police. She testified at the preliminary hearing. Her evidence establishes the following sequence of events.
She and Robert Gray and Garnet Loon were at 248 Carl Avenue consuming alcohol in the living room. Kory-Lee Campbell arrived unannounced. She Campbell was drunk and upset over the recent murder of her ex-boyfriend. She and Kailee Loon went into a bedroom where they begin to talk about Kory-Lee’s ex-boyfriend and how he had passed away. Ms. Campbell was crying when Robert Gray and Garnet Loon entered the room. Robert Gray and Garnet Loon became annoyed that Kory-Lee Campbell was crying and Robert Gray told Kailee Loon to beat her up. Kailee Loon stated that she and Kory-Lee began punching each other with Garnet Loon and Robert Gray watching.
After this, Robert Gray, Kory-Lee Campbell, Garnet Loon and Kailee Loon all went into the living room. The two young women started boxing. Garnet Loon was giving instructions to Kailee Loon on how to punch and told her to stop pulling hair.
The fighting stopped and the men asked Kailee Loon to get more alcohol from the kitchen. She went to the kitchen and brought back a bottle of Olde English beer. Kory-Lee Campbell and Garnet Loon were sitting on the couch in the living room and Robert Gray was sitting on an armchair.
Kory-Lee and Kailee both had bloody noses. Kailee Loon then got a rag from the kitchen for Kory-Lee Campbell to wipe the blood off her face. Kory-Lee Campbell was upset that the men had encouraged the fight and started mouthing off to Garnet Loon. The alcohol was being passed around.
The men both told Kory-Lee Campbell to calm down. The alcohol was still being passed around.
Garnet Loon told Kailee to get a beer out of the fridge int the kitchen. Ms. Loon got a bottle of Old English beer and both she and Robert Gray took a drink from it. Kailee Loon then handed the beer to Mr. Loon. Garnet Loon poured the beer onto the rag and then held it over Kory Campbell’s face. Garnet Loon then held the beer bottle to the nose area of Kory Campbell and poured beer on her.
Garnet Loon and Robert Gray started arguing. While still seated in the armchair, Robert Gray grabbed Garnet Loon’s arm. Kailee Loon’s position is that was because Robert Gray became upset over Garnet’s continued treatment of Kory-Lee Campbell and told Garnet Loon “that is enough bro”. Garnet Loon’s position is that the argument was over an old debt. Then they started fighting. Kailee Loon tried to break up the fight, but she got pushed out of the way. Both were exchanging punches with Garnet Loon landing more blows. Garnet Loon then hit Robert Gray in the face which caused him to fall to the ground, he appeared to be unconscious. Garnet Loon then took a skateboard which was beside the couch and hit Robert Gray a number of times. Kailee Loon states that Robert Gray stopped moving.
Police seized a skateboard with blood on it from the living room of 248 Carl Avenue. The blood was analyzed by the Northern Regional Laboratory for DNA and it was determined that Robert Gray could not be excluded as the single source. The Random Match Probability (the estimation of the probability that a randomly selected individual unrelated to the person in question would coincidentally share the observed DNA) was calculated as 1 in 850 trillion.
Kailee Loon was then told by Garnet Loon to get a knife from the kitchen. She couldn't find a knife, but found a 2 pronged metal fork, which she brought to Garnet Loon. She saw Garnet making a thrusting motion with the fork towards the prone body of Robert Gray.
Police seized a 2 pronged metal fork from the living room of 248 Carl Avenue. The two prongs were bent back and blood was on the prongs. The blood was analyzed by the Northern Regional Laboratory for DNA and it was determined that Robert Gray could not be excluded as the single source. The Random Match Probability (the estimation of the probability that a randomly selected individual unrelated to the person in question would coincidentally share the observed DNA) was calculated as 1 in 850 trillion.
Kailee Loon grabbed the rest of the beer from the fridge and left out a window with Garnet Loon. (The door latch was no longer working)
The departure from 248 Carl Avenue was caught on video. Detective Constable Toneguzzi reviewed video from CCTV obtained from neighbouring locations. In reviewing video obtained from 250 Carl Avenue, it was observed that on June 28, 2017 at 0233:05 hours, the lights continuously flash in the window of 248 Carl Avenue and this lasts for approximately ten seconds. At approximately 0240:23 hours, the video shows two individuals appear at the southwest corner of the house. It is too dark for detailed descriptors. Other camera angles do not show anyone walk up the driveway, or come from the back shared yard on the west side of the residence. At approximately 0240:27 hours, the first individual reaches up and closes the window with their right hand. It appears as though the second person who is walking behind has their hair up in a bun. At approximately 0240:43 hours, both individuals are seen to leave the view of the camera, walking eastbound down the driveway towards Carl Avenue.
Garnet and Kailee Loon left Thunder Bay and went to Sioux Lookout through transportation provided be Casper Bus Lines. On July 2, 2017, They were located and arrested by the Ontario Provincial Police in Sioux Lookout and both were transported to the custody of the Thunder Bay Police.
Based on the evidence (including the post-mortem examination and the evidence of Kailee Loon) it is agreed that, after the events in the living room and after Garnet and Kailee Loon left 248 Carl Avenue, Robert Gray was still alive and somehow later moved from the living room to the stair well, where his body was discovered.