Man admits he beat senior, but didn’t mean to kill her
Scarborough woman, 82, had 94 blunt-force injuries, 45 rib fractures, court hears
A 25-year-old man admits he pummelled an 82-year-old woman after breaking into her small Scarborough bungalow four years ago this month, but insists he never intended to kill Stella Tetsos.
Sinbad King Simba Marshall testified in Superior Court on Wednesday that in November 2015 he was homeless, addicted to booze and drugs and spent a lot of time “wandering” Toronto streets when he walked by Tetsos’ home near St. Clair Avenue East and Birchmount Road.
There was no car in the driveway, and the lights were off. So, Marshall said, he decided to commit a break and enter by kicking in a side window.
Once inside, Marshall said he quickly scoped out the first floor of the home and then, after he went into the basement, he saw an “elderly” woman, panicked “and started hitting her.”
“She looked kind of shocked to see me. I was shocked too, I thought nobody was home.”
Marshall said he “punched and slapped her” until she fell to the ground on her back. That’s when, he testified, he pried rings from her fingers and ripped a gold chain from her throat.
“How long did this assault happen?” defence lawyer Mitchell Huberman asked.
“No more than 10 seconds,” Marshall replied. He testified he asked Tetsos where he could find her other jewelry and valuables and she directed him upstairs.
Marshall told the jury he went upstairs, ransacked her bedroom and kitchen, and grabbed some more jewelry from a display box.
When he fled, Marshall said Tetsos was conscious and “fine.”
Marshall said he wasn’t in the house any longer than five minutes. He was arrested before he could hawk the jewelry, he testified.
Defence lawyer Mitchell Huberman asked Marshall if he had anything to say about what happened.
Marshall, whose face remained expressionless and voice monotone throughout his testimony, said he’s remorseful.
“I’m sorry … I never meant for her to die,” he said.
The jury heard that Marshall has a criminal record that includes several convictions for assault.
During cross-examination, prosecutor David Steinberg suggested to Marshall his version is a lie and he intended to kill Tetsos so he wouldn’t get caught. Tetsos had 45 rib fractures and 94 blunt-force injuries, he noted.
“She could identify you,” Steinberg said.
“No, I never intended to kill her, it happened by accident,” Marshall replied.
Superior Court Justice Robert Goldstein instructed jurors they must acquit Marshall of first-degree murder, and now consider whether he is guilty of second-degree murder.
The trial continues.