THUNDER BAY – Shaldon Wabason has been found guilty of manslaughter.
The jury delivered their verdict Friday morning after starting deliberations the previous evening at the Thunder Bay Courthouse, convicting Wabason of manslaughter but finding him not guilty of second-degree murder in the March 2011 death of 54-year-old Robert Topping.
He was also convicted on a charge of break and enter to commit robbery.
While Wabason appeared to be briefly surprised when the verdict was read, he was mostly stoic while standing at the defence table. Members of his family broke down in tears.
Defence lawyer Delmar Doucette admitted there was a sense of disappointment with the manslaughter conviction, considering Wabason testified he did not play a direct role in Topping’s death.
“We’re very thankful the jury found him not guilty of murder. The jury understood he didn’t intend to kill anyone, he didn’t intend to help anyone kill anyone,” Doucette said. “We were hoping the jury would find him absolutely not guilty. He takes the position he was across the street at the time of the homicide and wasn’t involved.”
Co-Crown counsel Andrew Sadler, who tried the case alongside Rob Kozak, said he is satisfied with the jury’s decision.
“I think they had the opportunity sit through about two weeks of evidence and had the opportunity to deliberate through the evidence and came to the view that is what Mr. Wabason was responsible for,” Sadler said.
Wabason was one of four people, along with Nicholas Webber, Christopher Hawk and Cody Thompson, to be arrested and charged in the home invasion and subsequent killing of Topping shortly after midnight on March 19, 2011.
Webber pleaded guilty to manslaughter and is serving 10 years in prison. Hawk pleaded guilty to robbery. Thompson died in August 2011 a week after being rushed to hospital from the district jail.
During the trial, which began on Sept. 14, the jury heard how Wabason, Webber, Hawk and Thompson arrived at the Minnesota Street home Paulette Cloutier was housesitting for her son. Cloutier heard voices outside and called Topping, asking for him to come over to investigate. Once the door was kicked open the men entered the house and Cloutier was tackled to the floor.
Cloutier testified four men swarmed into the home with three of them on top of her while a knife was held to her throat. She said later on three men went into the bedroom in search of cash, drugs and jewellery while one pinned her down. At that point Topping arrived and confronted the intruders in the bedroom where he was stabbed.
At that point the man holding Cloutier fled, allowing her to escape the house and scream for a neighbour to call 911. Police and paramedics responded but Topping bled out from four stab wounds.
Wabason admitted he kicked the door open himself but testified he stayed outside on lookout and only went inside briefly to investigate after he heard a struggle. He told the court he urged the others to get out before he left the house prior to Topping’s arrival and was not inside when Topping was stabbed to death.
A forensics expert testified Webber’s hoodie had blood from both him and Topping. No blood evidence was found on any of Wabason’s clothing.
A footwear expert testified Wabason’s shoeprints were found inside the house but not in the bedroom.
While charging the jury, Justince Terrence Platana explained Wabason could be convicted if it was determined he aided those who committed the crimes, but he had to have the mindset to help the others carry out the offence.
The case is scheduled for a sentencing hearing on Dec. 15. Wabason has been remanded into custody.
