Accused killer had assault conviction

DNA taken in 2003 could have played role in probe of Gay Village murders, expert says

Accused killer Bruce McArthur was sentenced for assault more than a decade ago, in a ruling that prohibited him from owning weapons for10 years and ordered samples of his DNA to be taken and placed in a database.

On April 11, 2003, McArthur — who now faces charges of first-degree murder in the killings of Andrew Kinsman and Selim Esen — was sentenced in Ontario for one count of assault causing bodily harm and one count of assault with a weapon. At the time, McArthur received a conditional sentence of two years less a day (the maximum allowed by law) and probation for three years.

A conditional sentence is served in the community rather than in jail.

McArthur was also subject to a DNA order and a weapons prohibition for 10 years. DNA orders allow bodily substance samples to be taken from an offender, typically through a mouth swab, to add to a database. Because assault causing bodily harm is what’s called a “primary designated” offence, the judge was required to make a DNA order if a conviction was reached, said criminal lawyer Daniel Brown, who is not connected to the McArthur murder case or to the earlier assault case.

The only exception is if a defendant is able to satisfy the court that the effect on their privacy significantly outweighs the public interest in protecting society through early detection, arrest and conviction of offenders, Brown said.

Mark Valois, a former Toronto police homicide officer who is now director of academic training at the Canadian Tactical Officers Association, said the sample is generally mandatory “if you hurt somebody.”

“Basically, that’s what it boils down to. Domestic situations, anything to do with kids, obviously any type of sexual offences,” Valois said, adding that the sample is typically kept on file indefinitely.

In the McArthur case, it’s “absolutely” possible that having the historic DNA sample helped investigators narrow their search and make the arrest last week, Valois said. A DNA sample, he said, “is like a fingerprint.”

Having such a sample can help police investigate crimes by identifying previously unknown DNA found at a crime scene, Brown wrote in an email.

“A DNA order can act as a signif- icant deterrent for future criminality in that offenders will be less likely to commit crimes knowing there is a greater chance they will be identified and prosecuted if their DNA is already on file with the police,” he told the Star.

The murder charges against McArthur have not yet been tested in court.

One count of carrying a concealed weapon was withdrawn on the same day McArthur was sentenced in 2003. The Ministry of the Attorney General was unable to confirm by Monday evening what weapon was used by McArthur at the time, or further information about the nature of the assault. The victim in the assault case is unknown.

Police continued to search multiple properties on Monday in connection with McArthur’s arrest, but told the Star they had no further details to release. They’ve been pursuing information connected to McArthur since at least September, when police reportedly arrived at an auto parts shop, seized a rusted maroon Dodge Caravan sold by McArthur, and had it towed from the yard. With files from Wendy Gillis