Sarnia manslaughter suspect gets probation for breaking bail ‘within days’

A Sarnia-area man facing a manslaughter charge has been sentenced to two years’ probation for breaking bail after having served 19 days in jail.

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If Brandon Gilbert, 24, follows the rules of his new probation order, he’ll avoid a criminal conviction. But the judge, who agreed to grant Gilbert a conditional discharge on probation, still called it a serious breach.

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“You breached literally within days. The ink was barely dry,” Justice Paul Kowalyshyn said recently in a Sarnia courtroom.

Gilbert, from Aamjiwnaang First Nation, was released on lease three separate times last year. He was initially charged with aggravated assault linked to what police said was a fight during an Aug. 28, 2022, gathering on Maness Court in the First Nation south of Sarnia. Dalton Bressette was taken to London hospital in critical condition, police said at the time.

Gilbert was granted $4,000 lease five days later with a list of rules and a curfew. But Bressette, a 26-year-old father of three, died on Sept. 4, 2022, due to his injuries.

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Gilbert was arrested 11 days after Bressette died and charged with manslaughter and the aggravated assault charge was dropped later. He was granted lease again, this time for $20,000 and under house arrest, on Sept. 21, 2022. But Gilbert was arrested a third time on Oct. 21, 2022, and charged with two counts of failing to comply with a release order.

Following a long bail hearing on Nov. 8, Gilbert was released again. He spent a total of 19 days in jail.

A trial was expected to be held in May for the breach charges, but at the last minute he opted to plead guilty to one of them. The second charge and his sentencing were adjourned to September to obtain a pre-sentence report and a Gladue report, a specialized document for Indigenous offenders.

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When the case returned recently to a Sarnia courtroom, defense lawyer Ken Marley asked for the conditional discharge while assistant Crown attorney Aniko Coughlan wanted the 19 days Gilbert spent in jail to be credited toward a time-served sentence plus probation, which would’ve meant a criminal conviction.

“Your honor, the Crown respectfully submits that it would not be in the public interest to grant Mr. Gilbert a discharge,” Coughlan argued.

Kowalyshyn disagreed, but lectured Gilbert, who declined a chance to address the court, about how he went back on his word and risked his family losing a large amount of money.

“All because you weren’t amenable to following the rules,” he said. “Life’s not easy. We all have to follow rules.”

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During his first two releases, Gilbert was ordered not to contact his sister unless he was being supervised by his surety, his father, and to follow the rules of his father’s home, which did not allow drinking. But on Oct. 18, less than a month after his second release, his sister came to the home while Gilbert’s father was at work.

Family members found empty spaces scattered throughout the home and signs of suspected drug use. All of this was captured on video and photos by Gilbert’s stepmother, who went to Sarnia police headquarters the next day to report what had happened.

Gilbert’s probation order includes several rules such as no drugs or alcohol unless he’s at home – he’s now living with his grandparents – and a weapons ban. His third release order is still in effect while his other case is before the courts. A preliminary inquiry is expected to start on Halloween.

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Police have shed little light on the incident, only saying at some point an argument broke out between two people that night and it escalated into a physical altercation requiring bystanders to break up the fight.

“Due to the altercation (one of the men) in this matter remained unconscious and sustained significant injuries,” police said at the time.

The criminal investigations branch continued the investigation after Bressette died before laying the new charge, they said.

This was one of four homicide investigations in Sarnia-Lambton in 2022 and one of 17 overall since March 2020.

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@ObserverTerry

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