COURT FILE NO.: CR-20-50000144-0000 DATE: 20231031
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
HIS MAJESTY THE KING - and - Egypt Morgan and SHAMOI PALMER
D. Tice and A. Bradstreet, for the Crown D. Usher, for Egypt Morgan
HEARD: September 21, 22 and October 24, 2023
BYRNE J.
REASONS FOR SENTENCING OF EGYPT MORGAN
Introduction
[1] Shamoi Palmer and Egypt Morgan were jointly charged with the first degree murder of Jermaine Titus on August 22, 2018. On December 1, 2022, the jury returned a verdict of guilty of first degree murder for Mr. Palmer and manslaughter for Ms. Morgan. I pronounced a sentence of imprisonment for life against Mr. Palmer without eligibility for parole until he has served twenty-five years, as mandated by section 745(a) of the Criminal Code, R.S.C., 1985, c. C-46, on an earlier occasion. Today I will impose sentence on Ms. Morgan.
The Offence
[2] What follows is a summary of the facts surrounding the killing of Mr. Titus. It includes both facts that were necessarily found by the jury in reaching its verdicts and of my findings of fact, on a beyond a reasonable doubt standard, based on the evidence at trial.
[3] Mr. Palmer and Ms. Morgan were in a romantic relationship at the time of this shooting. The victim, Jermaine Titus, and Mr. Palmer did not know each other. Similarly, Mr. Titus had no knowledge or connection to Ms. Morgan. As I understand it, and all parties agree, the bullet that killed Mr. Titus was not meant for him, it was meant for a man referred to as “Skeeno”. Mr. Titus was a completely innocent bystander, in the wrong place at the wrong time.
[4] On the morning of August 22, 2018, Mr. Titus picked up his friend and barber Frankie Archange. The plan was that Mr. Titus would drive Mr. Archange to his barber shop and then Mr. Titus would be the first customer of the day. After dropping Mr. Archange’s young stepson at school, the two men proceeded to the barber shop. Mr. Titus was driving, and Mr. Archange was in the front passenger seat. At approximately 10:00 a.m., when Mr. Titus was driving eastbound on Weston Road, a single bullet pierced the driver side window of his vehicle and struck him in the head. Mr. Titus was pronounced dead shortly thereafter. The fatal shot was fired by Mr. Palmer who, at the time, was driving westbound on Weston Road.
[5] Ms. Morgan lived alone in an apartment at 55 Emmett Avenue in the City of Toronto which was only a short distance from the intersection where the shooting took place. She testified that sometimes Mr. Palmer stayed over and that he did so on August 21, 2018. When she left for work on August 22, 2018, at approximately 9:40 a.m., Mr. Palmer was the only person in the apartment. When Ms. Morgan walked to her bus stop at the intersection of Jane Street and Weston Road, she saw a man named Skeeno.
[6] On an earlier occasion, Mr. Palmer had instructed her that if she ever saw Skeeno she was to alert him. On this day that is exactly what she did. Just minutes before Mr. Titus was shot, she sent Mr. Palmer a series of text messages indicating that Skeeno was in the “711”, that he was wearing a shirt with blue sleeves and then she texted that he was waiting for the number 35 bus. After texting, she made two calls to Mr. Palmer. Although the specific content is unknown, I am satisfied that they were talking about Skeeno as Mr. Palmer was driving to find him.
[7] I am satisfied that Ms. Morgan knew that Mr. Palmer was keeping a firearm in her apartment and that Ms. Morgan was well aware that Mr. Palmer was in possession of that firearm when she provided him with the information about Skeeno’s location just minutes before the shooting. I am further satisfied that Ms. Morgan knew that Mr. Palmer was going to discharge that firearm, albeit recklessly, once he located the man named Skeeno. Ultimately, I am well satisfied and find that Ms. Morgan did put in motion the chain of events that resulted in the shooting death of Mr. Titus.
[8] In the minutes and hours after the shooting, Ms. Morgan stayed in constant contact with Mr. Palmer. She attempted to find Mr. Palmer a different rental car. She made a call to his brother. She organized Ubers for him. On the day after the shooting, she ordered an Uber to pick him up from her residence and transport him to her sister’s residence. While enroute, Mr. Palmer was arrested. I find that Ms. Morgan was aware of the shooting immediately after it happened and that she provided Mr. Palmer with encouragement and support and took positive steps in the hope that both of them would evade police detection.
[9] To summarize, Ms. Morgan will be sentenced on the basis that:
- At some point prior to the day of the shooting, she and Mr. Palmer discussed Skeeno and that she was to tell him if she saw Skeeno.
- She intentionally alerted Mr. Palmer to the exact location of Skeeno immediately upon seeing him.
- At the time she alerted Mr. Palmer, she knew that Mr. Palmer was in possession of a firearm and would arm himself with that firearm.
- She knew Mr. Palmer was intending to discharge that firearm once he located Skeeno.
- She did not know that Mr. Palmer was actually planning to shoot or kill anyone.
- Given that she had been in the same area where the shooting took place just moments before the shooting, she would have been aware of the high level of pedestrian and vehicular traffic that morning and would have known that discharging the firearm was likely to put other people at risk of bodily harm.
- And finally, she supported and assisted Mr. Palmer in attempting to avoid police detection after the killing of Mr. Titus.
Victim Impact
[10] Turning now to the victim impact statements, I remind myself of the victim impact statements from the friends and family of Jermaine and the profound level of grief that they suffer from daily. They all speak about the sadness, pain, frustration, anger, and fear that now shapes their daily lives. Jermaine’s family told me about a young man who was thriving in his chosen field as chef. A man who loved his family and friends but most of all, his young son. They told me about a man who always had time to help those in need. His death, to be certain, is a great loss to all those who knew and loved him.
The Offender
[11] Ms. Morgan comes before this Court as a youthful first offender. Ms. Morgan is currently 23 years old and was 18 years old at the time of the offence. Her presentence report is mostly positive. She is an intelligent, articulate, industrious young woman.
[12] She completed high school. Post high school she completed an eyelash certification course and started her own business, all the while working two other seasonal jobs in an effort to support herself. Even while incarcerated, she has worked 14 hours a day as a unit worker.
[13] She does not drink alcohol and no other substance abuse has been reported.
[14] She has the full and continued support of her mother, Sandra Gordon, her long-time close friend, Ms. Blair-Davidson, and her stepmother, Kareen Gordon. All three describe Ms. Morgan favourably, as a caring and loving individual.
[15] All three also describe Ms. Morgan as being highly remorseful for her actions that led to the killing of Mr. Titus. In challenge of that position, Crown counsel relies on letters Ms. Morgan wrote to Mr. Palmer during her incarceration. The letters certainly don’t express any remorse on the part of Ms. Morgan and that gives me pause. The letters also suggest a desire for an ongoing relationship with Mr. Palmer. Again, this gives me pause. Ms. Morgan tells me that Mr. Palmer was her first real relationship, and she has come to appreciate how misguided her loyalty to him was. I hope that is true.
[16] She has taken numerous courses offered by the Elizabeth Fry Society and Direct Your life while incarcerated. Representatives from both organizations attended court in support of Ms. Morgan and wrote letters outlining her participation and commitment to their respective programs. Ms. Morgan describes herself as a changed woman who has gained insight into herself and her decision making. I accept that Ms. Morgan is truly dedicated to a path of self-awareness and change. That being said, I also think she has a long way to go before she has gained the insight and understanding necessary to make sure she does not land here again.
Positions of Counsel
[17] Crown counsel takes the position that a sentence of 12 years, minus credit for time spent in custody is warranted and justified. Defence counsel submits that Ms. Morgan is in a time served position due the significant amount of time she has spent in pretrial custody under unduly harsh conditions. Both parties have submitted cases in support of their respective positions, all of which I have thoroughly reviewed. Although I am grateful for the guidance, the truth is no two cases are identical. Sentencing remains a highly individual, fact-driven process, and at some point, the compare and contrast approach becomes counterproductive.
Guiding Legal Principles
[18] Our criminal law is a system of values.
[19] In criminal proceedings, sentencing is meant to reflect and reinforce the basic values of our society, contributing to a respect for the law and the maintenance of a just, peaceful and safe society by the imposition of a just sanction.
[20] Any sanction imposed by a court must take into account the objectives set out in section 718 of the Criminal Code, R.S.C., 1985, c. C-46. This includes denunciation, deterrence, rehabilitation, the separation of offenders from society where necessary to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community.
[21] How much emphasis a court places on each of these objectives will vary according to the nature of the crime and the circumstances of the accused. There is no “one size fits all” formula. Sentencing continues to be one of the most difficult tasks for judges.
[22] In a case like this one, where an innocent man is gunned down on a busy Toronto street, the principles of deterrence and denunciation must dominate but also be balanced with the principles of restraint and rehabilitation when dealing a youthful first offender like Ms. Morgan.
[23] There is no doubt that the crime of manslaughter encompasses a wide variety of circumstances ranging from inadvertent or accidental death, to almost murder. The sentences imposed are equally diverse. The maximum sentence of life imprisonment is typically reserved for the worst offender, worst offence. In the case of an aider or abettor who has been found to have a high degree of moral culpability, a sentence of 12 to 13 years has been endorsed as appropriate by the Court of Appeal in R. v. Warner, 2019 ONCA 1014.
[24] Ultimately, whatever sentence is imposed, it must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
Analysis
[25] The aggravating circumstances in this case include the following:
- That a firearm was used;
- That Ms. Morgan knew that Mr. Palmer had a firearm;
- That Ms. Morgan knew Mr. Palmer would arm himself with the firearm when she told him about Skeeno’s location;
- That the offence occurred on a busy street in Toronto, mid-morning on a typical workday;
- That this was a targeted shooting. This was not a last-minute plan. Ms. Morgan and Mr. Palmer had discussed what she should do if and when she saw Skeeno, prior to the day of the shooting. Ms. Morgan followed those instructions on the day Mr. Titus was shot;
- That Ms. Morgan took immediate and deliberate steps to communicate Skeeno’s location to Mr. Palmer when she saw him. To that end, Ms. Morgan’s actions were both planned and deliberate;
- That Mr. Titus was a completely innocent victim;
- That the murder weapon was found in Ms. Morgan’s apartment with Ms. Morgan’s DNA on it; and
- That Ms. Morgan took steps, after the fact, to assist Mr. Palmer and herself in evading police.
[26] In my view, the circumstances of this offence place it at the high end of manslaughter, coming far closer to murder than accident. Ms. Morgan was aware that Mr. Palmer had a firearm and intended to use it when she communicated to him the location of Skeeno. I cannot lose sight of the fact that but for Ms. Morgan’s participation, Mr. Titus would be alive today. I find her moral culpability as an aider and abettor to this shooting to be at the high end of the spectrum.
[27] This case, of course, is not without mitigation.
[28] Of significance, is the fact that Ms. Morgan comes before me as a first-time youthful offender. I give her full credit for that.
[29] I also factor into account that Ms. Morgan continues to enjoy the support of family and friends. Although this support is not directly mitigating, it does bode well for her potential rehabilitation. To that end, as previously mentioned, she has completed a number of courses and programs during her incarceration. Again, all which is very much to her credit.
[30] Ms. Morgan has been incarcerated since September 17, 2019. During that time, she has been subject to numerous partial and total lockdowns, all of which have been chronicled in Exhibit 7. I also take into account the fact that Ms. Morgan was incarcerated during the Covid pandemic. It goes without saying that the pandemic resulted in very restrictive conditions in the jails, coupled with ongoing health concerns. Ms. Morgan contracted covid three times during the outbreak. I accept that a good portion of Ms. Morgan’s time during incarceration has gone beyond the normal restrictions associated with pretrial custody and is a significant mitigating factor in determining the appropriate sentence.
[31] Were it not for the mitigating factors as set out above, I would not hesitate to impose a sentence of 12 years as requested by the Crown. However, taking into account the caselaw, the submissions of counsel and the unique factors that attach to this case, I find a sentence 10 years’ incarceration to be just and appropriate.
[32] That is not the final step in the sentencing equation. Ms. Morgan must be given credit for her time spent in pre-sentence custody. As of today, Ms. Morgan has spent a total of 4 years and 46 days in custody. In accordance with R. v. Summers, 2014 SCC 26, Ms. Morgan will be credited for her time in pre-sentence custody on a one and a half to one basis for a total of 6 years and 69 days’ credit to be deducted from the 10-year sentence. The leaves Ms. Morgan with a total of 3 years, 9 months and 21 days left to serve.
Final Disposition
[33] Ms. Morgan is sentenced to 10 years, less credit for pre-sentence custody. As a result, she has 3 years, 9 months and 21 days left to serve on her sentence.
[34] In addition, I impose:
- A prohibition order pursuant to section 109 of the Criminal Code for life.
- A primary offence DNA order pursuant to section 487.051 of the Criminal Code.
- An Order prohibiting contact or communication with the family of Jermaine Titus and the co-accused, Shamoi Palmer, pursuant to section 743.21 of the Criminal Code.
- A forfeiture order for items seized, including the firearm and ammunition, pursuant to section 491 of the Criminal Code.
Byrne J. Released: October 31, 2023