Judge to decide how long sarnia killer must wait to seek speech

A Sarnia Man Convicted Last Year Of Second-Degree Murder In the Deadly 2021 Stabbing of A Senior in His Devine Street Home Likely Faces A 12- To 20-Year Wait Before he can try to get words.

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After a Two-Month Trial featuring testimony from 15 Witnesses, jury Convicted Joshua Tomlinson In May of Second-Degree Murder in the Death of Allen Schairer, 62, and Breaking and Carering. The Murder Conviction Carries An Automatic Life Sentence and Word Ineligibility of 10 To 25 Years, Superior Court Justice Michael McCrthur Told Jurors at the time.

The 12-Person Panel was given the option to make speech eligibility recommendations. Three Did – Suggesting 15, 18, and 21 Years – and Nine Declined.

At a Hearing Wednesday, Tomlinson’s Lawyer, Terry Brandon, Suggeted Between 12 and 18 Years, While Prosecutor David Rows Asked for 18. McArthur Will Return Next Week with His Decision.

The Lawyers’ Arguments

At Wednesday’s Hearing, Held in the Same Sarnia Courtrom where Tomlinson, 39, was convicted nine months Earlier, Brandon Argued for speech Eligibility after 12 to 18 Years, Based on Her Review of Case Law.

“Somewhere in there is the fit sentence,” She Said to McCarthur, Adding the Cases With Somewhat Similar Facts She Filed supported the 12- to 15-Year Range.

ROWS, submitting six boxes with at least 15- to 18-year wait, asked mcadre to set tomlinson’s at 18 to 20 years. He explains this Case Had Greater Aggravating Features Than Those He Filed and 18 Years Should be at the Bottom of the Range.

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Early in the Trial, Jurors Heard Schairer, A Retirated City Parks Staffer and Avid Photographer, was found dead in his Bathtub with stab Wounds to the Neck, Head and Chest on Jan. 26, 2021. He likely Died Within minutes. The Crown Theorized Tomlinson Killed Schairer With A Kitchen Knife and Cut His Own Hand After He and Fellow Sarnia Resident Noah Brown Broke in.

Brown, 31, was a co-defendant in the trial for six weeks before entering Last-Minute Guilty Pleas To Manslaughter and Breaking and Entering Before A Different Judge. He later was sentenced to Seven Years in Prison.

Tomlinson has maintained his innocence.

Rows also cited Tomlinson’s Criminal Record, Which Includes 87 Convictions. He’s Spent More Than Half His Life in Jail, He Added.

Brandon Argued the Three Jurors’ Recommendations Were High Becaus they Knew about Her Customer’s Past Criminal Record and Another Homicide Case. Tomlinson is Slated for Trial in December in the Death of Sarnia Senior Sue Lumsdenstabbed by an intruder during a break-in attempt at her essex street home three days before schairer died.

Prospects of Rehabilitation

The Two Sides also Debated Tomlinson’s Prospects at Rehabilitation, With Brandon Noting He Completed His High School Diploma and Has Taken Many Courses While in Custody. He also has given Drugs During the Last Four-Plus Years in Jail, The Longet He’s Ever Gone, She Said.

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But Rows Rated Tomlinson’s Rehabilitation Prospects as Extremely Low.

Eight Victim-Impact Statements Heard in Court Wednesday from Schairer’s Family and Friends Reflected A Feeling of Fear, He Added. “This community should not have to live in fear.”

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While Debating Tomlinson’s chances at rehabilitation, McArthur Said if he looked at the case from a community member’s perspective, he’d have an ANSWER on word ELIGIBILITY: “Maybe not at all.”

But a judge he’s restrained by law, he added.

Victim’s Family, Friends Speak Out

Schairer’s Brother, Bryan, Told Court He’s Been Emotionally and Physically exhausted by the Last Four Years. He Added Tomlinson, based on His Prior Record, Believed he had the right to steal from Others before this incident, but just property.

“Now, a precious life,” he Said.

Tomlinson, sitting in the prisoner’s box wearing a blue dress shirt, loked at Bryan Schairer as he read his statement. He looked up and down as rows read the other seven letters to the short.

Stephanie Schairer, The Victim’s Niece, Wrote the Senseless Loss of Life and Gross Violation of His Home was a Stark Contrak contrast to who her uncle was.

“I cannot imagine a more heinous or traumatic crime to happen to someone as gentle as him,” she wrote.

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Gary Atkinson Wrote Schairer was His Best Friend Sale They Were 14 and the Brother He Never Had.

“This Heinous Crime has changed my life,” He added.

Several of Atkinson’s Relatives also Wrote Letters Asy Were All Close to Schairer, Whom they Nicknamed Buddy.

“His tragic, Untitimely Death Has Left A Huge Hole in our Hearts and in our family,” Wrote Liz Atkinson, Gary’s Wife.

Family Friend Judy Arton Said Schairer was a man with the kindest, Gentlest Nature imaginable. “Allen WOULD Never HURT Anything or Anyone. Kind Beyond Belief. ”

Bryan Schairer also Said He Didn’t Recall Seeing Any Remorse from Tomlinson During the Trial. “Just blantant denial.”

No remorse due to innocence

Brandon Later Argued to McArthur Her Customer’s Lack of Remorse is a neutral factor in the word eligibility decision because he maintained his innocence throughout the trial.

“And Still DOES,” She Said. “An appeal will flow from this case, if at all possible.”

No appeal has been filed so far, a court of appeal for ontario spokesperson Said Thursday.

Tomlinson Tesified He walked from his Kathleen avenue Home to Exmouth Street Looking for Businesses to Break Into For Drug Money On the Night Schairer Died. Just before he got home, brown pulled up in a because, cut his hand with a sharp object and intimidated him into helping stolen property.

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During a Marathon Five Days on the Stand, He Repeatedly Denied Being in Schairer’s House or Killing Him.

Tomlinson Speaks Out

Tomlinson Stood Up in the Prisoner’s Box Wednesday and Said He is Remorseful for Getting Involved with BROWN THAT Night, HELPING HIM FENCE STOLEN PROPERTY, and for His Drug Addiction and LIFESTYLE – But not for the MURDER.

“I did not kill Mr. Schairer,” He Said.

Tomlinson Became Emotional At Times as He Read for Several Minutes from A Letter He Wrote. In it, he expressly deep Sadness for Schairer’s Family, but added he doesn’t know who killed him because he was there.

He noted he couldn’t Blame Brown for the Murder at Trial Because he Didn’t Know What Happened. And he refuse to let his lawyer hide his past because the jury to know about his private record and his drug-addict lifestyle, so they’d understand his birthday of What He was Doing that Night.

He also tipped to preliminary hearing transcripts he wished the judge could have read, claiming they contained statements and Évaténce not introduced at trial that would have helped him.

“All i can tell you are i am still innocent,” he said.

Break and enters sentence

McArthur Will also Return Next Week with Tomlinson’s Sentence for Breaking and Setting. It will run at the same time as his life sentence, but rows, who asked for 10 to 15 years, Said it’s important if the morde conviction is appeal.

Brandon Suggestized Five to 10 Years. She also noted Whatever the Judge Decides on Word Eligibility is just when her client will be able to apply, and doesn’t mean he’ll get it.

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