Time served: Duo in Kovacs killing walk free
Victim’s sister dabs at tears in court as she calls brother’s death ‘senseless, shameless, vile’
An uncle and nephew who robbed an ill and frail man, tied him up and left him to die, walked free out of the courthouse where they were set to have a new trial.
The bizarre legal saga of George and Matthew Cooke and their role in the 2011 death of Jessie Kovacs came to a whimpering end Thursday as they entered guilty pleas and were sentenced to time served at what was going to be a retrial of their earlier convictions.
The Cookes were found guilty of manslaughter at their long and meandering 2015 trial. In a very unusual move, the verdict was appealed by their lawyers. The Crown conceded that a new trial was required. Each side said the judge had failed to properly instruct the jury on how to weigh evidence from competing medical experts.
The Ontario Court of Appeal ordered a new trial. But instead of that happening, the Cookes struck a deal.
George, the uncle, pleaded guilty to manslaughter while Matthew, his nephew, pleaded to break, enter and robbery. Their lawyers each asked for their clients to be sentenced to time served. The Crown agreed with that in Matthew’s case (seven years), but wanted George to do another year in prison (he’d already been credited with nine).
With additional court officers standing by, Justice Stephen Glithero handed down sentences of time served to both and the men were taken away to give DNA samples, sign some papers and walk out the courthouse door. The transition from extra security to no security at all took a matter of minutes.
George, who has a shaved head, goatee and many tattoos, seemed ready for the weather in a Detroit Red Wings jacket. Matthew, who has a buzz cut, was wearing jeans and a brown T-shirt featuring a drawing of a snake and the words “Cold hearted” on it.
The Kovacs family would say that’s an appropriate description of both Cookes.
In emotional victim impact statements, Jessie’s family told court their lives have been irrevocably damaged by his homicide.
Jessie was 55 and living in a small apartment on John Street South. He had heart disease and diabetes, was obese, dependent on prescription medications and used a walker.
He had been an antiques dealer on Locke Street earlier in his life, but by 2011 he was dealing his prescription fentanyl patches.
George, an opiate addict, decided to rob Jessie of his fentanyl, along with other belongings. He convinced his nephew to help.
On Dec. 19, 2011, the Cookes forced their way into Jessie’s apartment, pushed him to the floor, and bound his wrists behind his back with duct tape while he lay on his stomach. After gathering items to steal, they left Jessie on the floor and exited his apartment.
Three days later, his sister Mary found him dead on the floor, his hands still bound.
Clutching a framed photo of Jessie, Mary slowly made her way to the witness stand Thursday — she uses a cane — past the Cookes in the prisoners’ box.
“Mentally and emotionally I am drained,” she began her victim impact statement, dabbing at tears. “Every morning I wake up, I see Jessie dead. I still see this in my mind. Will it ever end?”
“Jessie’s death was senseless, it was shameless, it was vile.”
Crown attorney Brian Adsett read aloud a statement from Jessie’s mother, Jolan. She said she loved cooking schnitzel for her son and that when he was a child he would run to the table shouting “Yippee.”
“When Jessie died I did not cook for three months. I still don’t cook a lot because I miss Jessie so much.”
Justice Glithero said he hopes the Cookes’ decision to plead and spare the Kovacs family another trial would help ease their pain.
George nodded his head in agreement while the judge described him as a “career criminal.”
Court heard that since being in custody he has reunited with his estranged 10-year-old son and has completed his Grade 10 equivalency. He participated in a program that includes anger management, drug addiction counselling and tactics to help become a successful citizen after serving a long sentence.
Matthew has attended Narcotics Anonymous meetings in prison and has “strong family support.”
At his previous sentencing hearing, Matthew eloquently addressed the Kovacs family, telling them he was sorry for Jessie’s death.
At that time, his apology was not accepted by the Kovacs family.
This time, Matthew did not face the family or try to meet their gaze. He merely told the court the sentiments of his previous speech “still stand.”