Documents show accused in Mississauga teen's murder was ordered to not contact brother
Chris Herhalt and Rachael D'Amore, CTV News Toronto
Published Tuesday, December 11, 2018 1:47PM EST
Last Updated Sunday, December 23, 2018 8:58PM EST
One of the two brothers accused in the killing of 14-year-old Riley Driver-Martin in Mississauga last week was under an order not to contact his co-accused brother at the time of the incident, court documents reveal.
Driver-Martin was found dead with obvious signs of trauma in a laneway backing onto Meadow Park, in the area of Truscott Drive and Southdown Road at around 8 a.m. on Dec. 7.
On Saturday, police announced that 20-year-old Nicholas Mahabir was arrested on the day the boy’s body was found and charged with one count of second-degree murder.
Later that night, police said that his brother Mark Mahabir, also 20, was also in custody on a charge of second-degree murder in relation to Driver-Martin’s death.
Court documents obtained by CTV News Toronto indicate that as a result of a charge of robbery laid against Nicholas Mahabir in May 2018, he was under a condition of undertaking not to communicate with his brother Mark.
The documents indicate Nicholas was accused of violating that undertaking on Nov. 9, 2018. A warrant was issued for his arrest the next day.
Nicholas and Mark are two of three fraternal triplets.
Facebook pages under the Mahabir brothers’ names indicate they, like Driver-Martin, attended Clarkson Secondary School at some point.
Police will not say whether the accused knew the victims.
The brothers are currently facing their charges separately; however the Crown will decide whether the pair will be tried in court together.
Peel Regional Police Chief Jennifer Evans expressed concern about the accused’s criminal history.
“What is concerning to me as the chief is the fact that we’re finding that the offenders – and in this case I think it’s out there, so I’m not saying anything secret – were previously on charge for previous events and they’ve been out on release,” she told CTV News Toronto in a one-on-one interview Monday.
“We’re finding… Well, all police are finding that it seems we continue to arrest people for committing criminal offences and they continue to be released by the courts.”
The sentiments were echoed by Driver-Martin’s uncle, Joseph Medley.
“I don’t understand laws. The law needs to be tougher,” he said while at a memorial for his nephew on Monday night.
“I think there should be strikes like they have in the United States. You get three strikes, you’re out, you’re done, sorry.”
Medley said the family is still in disbelief and struggling to properly grieve while so many questions about the teen’s death remain unanswered.
“He was an A student. He would stick up for people who couldn’t stick up for themselves. He would defend kids who were getting bullied. He would take his shirt off his back and give it to you if you needed it. He was always there,” he said.
“I can’t say anything wrong about him.”
The hundreds of people who gathered outside Clarkson Community Centre in Mississauga had only positive things to say about Driver-Martin, as well.
The emotional evening offered a chance for classmates, family and the community to honour the young man’s life.
“He could always relate to you, know what you were going through and he would always help you through it,” one young girl told the crowd.
“What happened to him is so devastating and nobody deserves that,” said a classmate.
A Clarkson Secondary alumni was among the attendees. Wayne Nagy offered to help set up a microphone for those who wanted to share memories of the slain teen.
“I was really struck. I was disappointed. I’ve lived here all my life and for something like this to happen, it’s not good,” Nagy said.
“It always has been a close knit school. We always stuck together… We all contribute around here. “
A GoFundMe campaign has also been set up to help cover funeral costs.
So far, the fundraising effort has raised more than $15,000.
“We just want to make sure he’s given the best of everything on his way out,” Driver-Martin’s uncle Donny Sexton said.
“We’re not ready for this. Nobody ever is.”
Nicholas Mahabir is expected to appear in court on Wednesday while his brother Mark will appear in court next on Dec. 24.