THUNDER BAY - A man who admitted to kicking down a door during a break and enter that ultimately resulted in the 2011 death of 54-year-old Robert Topping was sentenced to time served after acknowledging his responsibility in a tragic case that has been ongoing for more than eight years.
“This is a case in which there is significant tragedy, but also a case in which there is a clear hero,” said Crown attorney, Andrew Sadler. “It will bring to a close the judicial proceedings, but not the impact it will have on people’s lives.”
In a Thunder Bay Courtroom on Wednesday, 27-year-old Shaldon Wabason was sentenced to one day in custody in addition to credit for seven years of pre-sentenced custody after pleading guilty to criminal negligence causing death.
Wabason will remain in custody, however, as he continues to serve a two year sentenced handed down in February for an assault charge while he was in custody in Saskatchewan. He could be eligible for parole after 10 months.
Wabason is also required to submit a DNA sample and has a 10 year ban on owning non-restricted firearms and a lifetime ban on owning restricted firearms.
The sentence on Wednesday was presented to Justice Bruce Fitzpatrick as part of a joint submission from the Crown and Wabason’s attorney, Devin Bains.
“It’s appropriate in this case because it fits the facts in terms of the responsibilities Mr. Wabason was prepared to acknowledge,” Sadler said following the sentencing. “It is, from a legal perspective, functionally equivalent to manslaughter. It is another legal label for the same conduct, so it fit appropriately with this case.”
Fitzpatrick agreed with the joint submission, citing Wabason's admission of guilt for his role in what he called a tragic event.
"I accept the submissions that he is indeed remorseful," Fitzpatrick said. "Indeed, Robert Topping was a hero that night."
On the night of Mar. 19, 2011, Wabason and several others went to a residence on Minnesota Street after consuming alcohol at a party. Paulette Cloutier, who was house sitting for her son at the time, called her friend, Robert Topping, after hearing voices outside and believing someone was about to break into the home.
The door was kicked in by Wabason while others entered and ransacked the home while holding Cloutier at knife point. When Topping arrived, Cloutier was able to flee and call 911. While still in the house, Topping was attacked and stabbed four times. He died shortly after first-responders arrived.
Three other people were charged following the incident, including Nicholas Webber, who was sentenced to 10 years after pleading guilty to manslaughter, Christopher Hawk, who pleaded guilty to robbery and was sentenced to two years less one day and probation for three years, and Cody Thompson, who died in August 2011.
Wabason was initially convicted of manslaughter by a jury in 2015 and sentenced to 10 years but the Ontario Court of Appeals overturned the conviction in March 2018 and ordered a new trial, saying evidence used in the trial from an interrogation with police should not have been admissible.
Bains said Wabason has always taken responsibility for his actions on that night, telling the court that it has always been his client’s belief that he ought to have known that breaking down that door could have endangered lives.
“It’s what Mr. Wabason has always said his level of responsibility is,” Bains said following the sentencing hearing. “He always stepped forward with respect to that. Without for one moment saying he did any less than he did or any more than he did.”
During the sentencing hearing, the court heard several victim impact statements from family and friends of Topping, including Cloutier, who is also the mother of his children.
“It would be much easier to say what wasn’t changed about my life since that night,” she said as part of a written statement submitted to the court during the first sentencing hearing four years ago. “A part of me died with Bob that night.”
Cloutier said she lives with the events of that night every day and for a long time has also lived with the guilt of what happened to Topping. But she added in an updated statement that she knows she is not responsible for what happened to her friend, the responsibility lies with those who have been charged.
“I will not let you break me and I will keep enjoying the life Bob has given me,” she said.
Sadler said he believes the family, particularly Cloutier, is relieved to see the court proceedings finally come to a conclusion in the hopes of continuing to work toward closure.
“It has taken eight years to get to this point,” he said. “I think we saw from her victim impact statement, the impact it has had on her, and the stress of coming back to court causes. Having some closure makes it easier for her to move on with the rest of her life and continue working to deal with the consequences of what happened eight years ago.”
