Wabason pleads guilty to criminal negligence causing death

THUNDER BAY - A man who had a manslaughter conviction overturned by the Ontario Court of Appeal will not stand trial again after pleading guilty to the lesser charge of criminal negligence causing death.

Shaldon Wabason appeared in a Thunder Bay Courtroom on Tuesday where he pleaded not guilty to the charge of manslaughter, but guilty to criminal negligence causing death for his role in a 2011 incident that led to the death of 54-year-old Robert Topping.

The incident took place on the night of March 19, 2011 at a Minnesota Street residence. According to an agreed statement of facts, Wabason was at a party and consuming alcohol before travelling with several others to a home on Minnesota Street to visit another individual.

The only person home at the time was Paulette Cloutier, who was house sitting for her son.

After hearing voices outside, Cloutier became concerned the house was about to be broken into and contacted Robert Topping. The door was kicked in and she was held on the floor with a knife to her throat.

When Topping arrived, Cloutier was able to flee and contact police. While inside, Topping was stabbed four times and died of his injuries after first-responders arrived.

Wabason testified during the trial that he kicked down the door himself but remained outside as a lookout and urged the others to get out and left the house prior to Topping's arrival.

Three other people were charged, including Nicholas Webber, Christopher Hawk and Cody Thompson.

Webber was sentenced to 10 years after pleading guilty to manslaughter, while Hawk pleaded guilty to robbery and was sentenced to two years less one day and probation for three years. Thompson died in August 2011.

A jury found Wabason guilty of manslaughter and break and enter in October 2015 after being tried for second-degree murder. He was sentenced to 10 years.

However, in March 2018, the Ontario Court of Appeal overturned the conviction and ordered a new trial.

The ruling found that a statement given by Wabason to police should not have been included as evidence during the trial because during interrogation he tried to assert his right to silence but police appeared to indicate to Wabason that if he talked he would be in less trouble.

Though a new trial was ordered on the manslaughter conviction, Wabason, who appeared in person on Tuesday, instead pleaded guilty to criminal negligence causing death.

Crown attorney Andrew Sadler told Justice Bruce Fitzpatrick that Wabason was not in the house at the time Topping was attacked, but because he kicked in the door as part of the break and enter, which resulted in Topping coming to the residence, it equated to criminal negligence causing death.

Defense attorney Devin Bains said Wabason acknowledges and understands his actions constituted criminal negligence.

The Crown and defense will present a joint sentencing submission on Wednesday.