Sarnia man’s two murder trials pushed to next year

Joshua Tomlinson was supposed to be tried to murder twice this year in the deaths of two Sarnia seniors.

But now, both of the 37-year-old Sarnia resident’s trials have been pushed to 2024, more than three years after he was first arrested.

The first of his pair of weeks-long jury trials, for second-degree murder in the January 2021 death of Allen Schairer, was supposed to start last month in Sarnia’s Superior Court of Justice. But it was canceled earlier this year due in part to a defense pre-trial motion, details of which are covered by a publication ban.

Noah Brown, 31, of no fixed address, also is charged in that case.

Now the trial won’t start until April 2, 2024.

Tomlinson’s second jury trial, for second-degree murder in the January 2021 death of Sue Elin Lumsden, was slated to start in October, but was canceled in Sarnia’s Superior Court of Justice Tuesday. Crown and defense will try later this week to set a new trial date, but it likely won’t be until next year.

Superior Court Justice Russell Raikes’s reasons for granting the adjournment Tuesday also are covered by a publication ban.

Tomlinson, sporting a thick, dark beard, untucked blue dress shirt and gray pants, was in court for the brief appearance.

Lumsden, a 66-year-old hospital volunteer who lived alone, was found dead in her Essex Street home on Jan. 23, 2021. The body of Schairer, 62, was found three days later by Sarnia police during a welfare check.

Tomlinson, then 35, and Brown, then 28, were arrested later that week and charged with first-degree murder in Schairer’s death. They were arrested again by Sarnia police on March 3, 2022 – a formality as they hadn’t been released since their initial arrests more than 13 months earlier – and charged with second-degree murder, robbery, and break and enter. The first-degree murder counts were dropped.

Tomlinson and Brown are banned from communicating with each other while the cases are still outstanding.

Lumsden’s death remained unsolved for months. Tomlinson was charged with first-degree murder in July 2021 after what Sarnia police called a major breakthrough in the box. The charge later was downgraded to second-degree murder. He also is charged with breaking and entering with intent to commit an offence.

Police have been tight-lipped about both investigations – two of four homicide cases in January 2021 that prompted a warning to close windows and doors – releasing no information about cause of death, potential weapons or alleged motives.

Tomlinson was previously convicted of multiple break-ins throughout Sarnia and served significant time behind bars. He was sentenced to 14 months in jail in 2015, and drew a two-year prison term in 2016 despite leaving multiple local businesses empty-handed.

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@ObserverTerry