Teen guilty of second-degree murder in Sudbury bar shooting

A young offender was found guilty of second-degree murder in a 2023 Sudbury bar shooting. The victim, 22-year-old Joe Cabigon, was shot in the head.

A young person has been found guilty of second-degree murder in the shooting death of a man inside a Sudbury sports bar in April 2023, with the judge rejecting a defence argument that the killer acted under duress.

The accused, now 19, was 16 years old when he walked into the now former Overtime Sports Bar and Grill location on Notre Dame Avenue and shot Joema “Joe” Rey Cabigon in the back of the head, killing him instantly, court heard.

The teen’s identity is protected by a publication ban under the Youth Criminal Justice Act.

Ontario Superior Court Justice Susan Stothart delivered her ruling July 13, convicting the accused on the lesser and included offence of second-degree murder, along with multiple firearms-related charges.

“It is admitted that on April 21, 2023, (the accused) walked into the Overtime Sports Bar and Grill in Sudbury, Ontario, and shot Joe Cabigon in the back of the head, killing him instantly,” Stothart wrote in her reasons for judgment.

Sequence of events

Court heard the accused arrived at Overtime around 8:50 p.m. with two other men, including Noah Singh – who remains at large.

Singh is currently on the top 10 list of Canada’s most wanted criminals.

Surveillance video showed the group sitting in the bar area for about 50 minutes. At approximately 9:41 p.m., Cabigon and another patron, Storm Hogan, entered.

According to witness testimony, an argument later broke out between Singh and Cabigon, which Hogan described as a “silly drunk argument.”

At approximately 10:03 p.m., Singh handed the accused a blue crossbody satchel containing a firearm.

“The surveillance video shows Noah Singh talking into the accused’s ear and repeatedly patting him on the shoulder,” Stothart wrote.

Staff intervened and directed the group to leave. After being kicked out, the three men walked southbound along Notre Dame Avenue. At approximately 10:19 p.m., the accused left the group and began walking back toward Overtime, now wearing the blue satchel containing the firearm.

Surveillance video showed the accused walking back into the bar at approximately 10:24 p.m. with his hood up and hand inside the satchel.

“The video depicts a flash of light. You can see the reflection of Cabigon’s white sweatshirt in the window, and he appears to fall to the ground,” Stothart wrote.

The accused left the bar, later discarding the cellphone, the satchel and his pants in an area south of the bar. A police dog track located the items, including a functional 9mm Glock handgun.

Accused testified to threats, abuse

The accused testified he was born in Somalia and moved to Canada at age five, growing up in Scarborough. He described being physically abused by his father and eventually running away from home, becoming involved in drug trafficking in Thunder Bay and later Sudbury.

He testified Singh helped him after he was robbed at a trap house but later assaulted him, beating him on multiple occasions.

“He testified he thought Noah Singh was showing him love and teaching him,” Stothart wrote. “The accused testified that it was like what his father had done to him, beating him for his own good.”

The accused told the court Singh threatened to kill him and his family if he did not kill Cabigon.

“He testified that when they got to the Tim Horton’s, Noah Singh told him to go back to the bar and ‘to kill the guy that was talking sick to him,’” the judgment reads.

Judge finds threat may have been made

While the judge found portions of the accused’s evidence to lack credibility, she said the Crown did not challenge his testimony about being threatened.

“The Crown proceeded on the basis that even if there had been a threat, other essential elements of duress do not arise on the facts of this case,” Stothart wrote.

The judge concluded the accused may have been threatened, leaving her with a reasonable doubt on that point. However, she found the Crown had proven other essential elements of the duress defence were absent.

Safe alternatives existed, judge rules

Stothart found the accused had multiple safe alternatives to avoid the threatened harm without killing Cabigon.

“On a purely objective basis, I am satisfied beyond a reasonable doubt that the accused had obvious safe ways available to him to preserve his life, and his family’s life, without having to kill Cabigon,” she wrote.

These included running away, calling 911, seeking assistance from employees at open businesses, or flagging down passing vehicles.

“The accused was able to think about avoiding detection and was able to take steps to conceal his identity by putting his hood up over his head as he walked back to Overtime,” Stothart wrote.

She rejected the argument that the accused’s distrust of police would have prevented him from seeking help.

Criminal association exception applies

The judge found the accused was part of a criminal association and knew threats and coercion to commit an offence were a possible result.

“I am satisfied, beyond a reasonable doubt, that the accused voluntarily joined a criminal enterprise or association when he chose to work with others and traffic in drugs in Thunder Bay and in Sudbury,” she wrote.

“I am satisfied beyond a reasonable doubt that the accused knew that if he didn’t do what Noah Singh told him to do, including committing a crime such as carrying an illegal handgun, he would be subjected to violence and coercion,” Stothart wrote.

No first-degree murder conviction

While the Crown argued for first-degree murder, the judge found it had not proven the killing was planned and deliberate on the part of the accused.

“The plan was formulated by Noah Singh as the group of males were walking southbound along Notre Dame Avenue,” Stothart wrote.

Given her doubt about whether the accused was threatened and whether that impacted his ability to deliberate, she concluded she was not satisfied the accused committed a planned and deliberate murder.

Guilty verdicts entered

The accused was found guilty of second-degree murder, possession of a firearm with intent to commit an offence, carrying a concealed weapon, possession of a prohibited weapon without a licence, possession of a handgun without a licence and possession of a prohibited firearm with readily accessible ammunition.

The teen’s next court appearance is set for Aug. 4.