TORONTO -- A Toronto man charged with first-degree murder in the “senseless” and “pointless” killing of a 24-year-old man in 2017 is seeking bail based partially on the grounds that he is highly susceptible to contracting COVID-19 in the facility he is being held in.
“He is living in a facility that has the ability to cause his death – we are in the middle of a pandemic,” his lawyer, Dirk Derstine, argued during a bail hearing held via teleconference on Wednesday morning.
In his submissions, Derstine stated a “wonderful plan of release” for his client, Taufiq Stanley, who, he says, has suffered from asthma from a young age and is therefore more susceptible to contracting the novel coronavirus at the Toronto South Detention Centre (TSDC).
Stanley is facing a charge of first-degree murder in the 2017 shooting death of Samatar Farah.
Farah has been described by loved ones as “such a good kid," who was a great student and loved basketball.
“Samatar was 15 days into his 24th birthday and months from his graduation,” his sister said at the time. “He was loved by so many for his genuine and kind-hearted nature. He was a devoted son, brother, uncle, friend and partner.”
At around 1:30 a.m. on April 15, 2017, officers with the Toronto Police Service were called to Chester Le Boulevard, near Finch Avenue East and Victoria Park Avenue in Scarborough, for reports of a shooting, but did not locate any victims.
About eight hours later, officers were called back to the scene after a passerby located the body of Farah.
At the time, homicide detective Jason Shankaran told reporters that this shooting was part of an ongoing feud between residents of two adjacent housing complexes.
Two suspects, Stanley and Trevor Barnett, were taken into custody after multiple search warrants linked to the deadly shooting were executed by investigators in April 2017. Both suspects were known to be connected to the Parma Court housing complex, police said at the time.
In the aftermath of the deadly shooting, investigators described Farah as “one of the good ones.”
“From our investigation, the only thing Mr. Farah did was be a resident of Chester Le Boulevard,” Shankaran said. “I wouldn’t say he was targeted, but that the community of Chester Le Boulevard was targeted by these individuals.”
Police said Farah had no criminal history.
COVID-19 outbreaks at Ontario jails
Stanley is currently being held at the TSDC as he awaits his first-degree murder trial, scheduled to take place in October 2020.
Following a recent outbreak of COVID-19 at the Ontario Correctional Institute (OCI) in Brampton, Ont., the Ministry of Solicitor General said the dormitory-style facility would temporarily close.
As of Monday, according to the ministry, eight staff and 60 inmates from the facility had tested positive for the disease.
All inmates of the facility were subsequently transferred to a separate area at the TSDC and were not placed with existing inmates of that facility.
The TSDC has a healthcare unit with medical isolation units. Derstine stated Wednesday that his client is in one of these units.
Thus far, there have been three cases of COVID-19 among inmates at the TSDC and one case among staff.
During his submissions, Derstein drew heavily on an affidavit filed by Dr. Aaron Orkin, a physician specialist in Public Health and Preventive Medicine, with the City of Toronto. It was filed with the Superior Court of Justice on April 2.
The affidavit states that preventing outbreaks in congregate living facilities is a “top priority for a flatten-the-curve strategy” for multiple reasons, including that outbreaks in tight spaces happen “extremely quickly” and are “near-impossible to control once they occur.”
“It is extremely likely that COVID-19 will arrive in nearly every correctional facility in Canada, and therefore extremely likely that almost all inmates in these settings will be exposed in one way or another,” the affidavit reads.
It goes on to state that the “only available method to substantially reduce” the spread of the novel coronavirus is to “reduce the population in these settings.”
Derstein said that stating a massive outbreak will not occur at the facility where his client is being held is a “fantasy.” He said that the inmates cannot practice social distancing properly and they cannot receive proper treatment in an infirmary if there were to be a massive outbreak, adding that he believes inmates would have to be “sent out for treatment” in that case.
With 400 people going in and out every day, Derstein said, “the idea that they are not going to have a catastrophic outbreak is unrealistic.”
Prosecutor Donna Kellway opened the Crown’s submission by stating that she acknowledges that Stanley has asthma, but noted that the affidavit does not address the effects of COVID-19 on people diagnosed with asthma. She said that without evidence brought forward in court “we don’t know that this makes him more susceptible.”
‘Strongest plan possible’ for release on bail
Derstein said he has come up with “the strongest plan possible” for his client to be released on $100,000 bail.
The first plan, Derstein said, is for his client to have the most restrictions possible imposed while staying with four family members, all willing to act as his sureties.
“There will always be someone present at the house, he will not be leaving the house,” Dersein said, adding that Stanley would be electronically monitored by authorities, who would be able to respond “within five minutes of him stepping outside or tampering with his ankle bracelet.”
Derstein said this amount of money puts the family in a “catastrophic position,” which means they are willing to provide that extreme level of supervision.
“He will not have the opportunity to go out and do stuff because there will be someone watching over his shoulders 24 hours,” he said.
Derstein also stated a secondary plan that would allow his client to leave the house with a surety.
Crown argues applicant would reoffend
Derstein said he acknowledges that prosecutors present “triable issues” that deserve to go before a jury and that the charges his client is facing “are very serious,” but argued the strength of the Crown’s case.
“Even if the case was strong, the Crown’s case is not enough by itself for the accused to be detained,” Derstain stated. “Stanley comes to the court with clean hands, no criminal history.”
“It is difficult when a person comes forward and says I will behave but the person hasn’t behaved in the past but the promise has been made and there is no past track record that states that this should not be so.”
Kellway stated that based on evidence the Crown plans to bring forward at the fall trial, a properly instructed jury would find that Stanley was one of the two shooters responsible for killing Farah beyond a reasonable doubt.
“If released there is a substantial likelihood that the applicant would reoffend,” she said.
The second alleged shooter has not yet been appended by authorities. He has been identified by officers as Alexander Fountain and he is wanted on a Canada-wide warrant for first-degree murder.
‘Gun violence has not stopped because of COVID-19’
Furthermore, Kellway stated that steps are being taken by those in charge at the Toronto South Detention Centre to prevent any spread of the disease from those being transferred from the Ontario Correctional Institue.
While medical masks are not required to be worn in the unit where Stanley is being held, the prosecutor said, they are required in units where there are confirmed cases of the novel coronavirus.
In response to Derstein stating that 400 people are coming in and out of the facility each day, Kellway said that number needs to be put into context. She said the units are separated and anyone joining a unit now is isolating for 14 days prior.
Kellway added that concern over the COVID-19 pandemic does not diminish the “epidemic of gun violence” in Toronto.
“Gun violence has not stopped because of COVID-19,” she said. “That gun violence in our streets that has existed in the Crown’s submissions on the allegations before the court and Stanley has contributed to the spread of that epidemic.”
Decision expected Friday afternoon
Justice Alfred O’Marra did not have questions for either counsel following their submissions.
The hearing was adjourned until Friday at 12 p.m. when O’Marra is expected to give his decision.
--With files from CTV News Toronto's Tracy Tong
