Killer eligible for parole in 12 years
Victim’s family members walk out after judge determines Christopher Birch’s eligibility for release
KITCHENER — A Kitchener man who shot a father in the chest — as two of the victim’s sons watched — was sentenced to life in prison Friday. But he will eligible for parole in 12 years. The sentence visibly angered about a dozen family members and supporters of Brandon Makins gathered in a Kitchener courtroom.
When Justice Stephen Glithero said 12 years, a family friend, who wore a T-shirt with Makins’ photo on it, walked out of the courtroom. Other family members followed, including Makins’ two sons who witnessed their dad get shot on May 27, 2016.
“This isn’t right,” Makins’ mother, Mona Makins, said after the judgment.
Christopher Birch, 30, pleaded guilty to second-degree murder in connection with the death of Brandon Makins, 33.
Birch has been in jail for more than a year. He was arrested a day after the murder.
Defence lawyer Chris Murphy said Birch will be eligible to apply for parole in 11 years because of the time he has already served.
Before Glithero passed his judgment, Birch, who was handcuffed in the prisoner’s box, stood up in court and apologized for killing Makins.
“I sincerely apologize for my actions,” he said. “I completely regret what happened that night.”
In court supporting him were Birch’s mother and father. Birch is married and has two children.
Before passing sentence, Glithero said his decision does not reflect on the value of Makins’ life.
“If there is something I could do to bring him back, I would, but I cannot,” he said as he looked at the family.
Court heard that Birch fired three times and one bullet hit Makins in the chest, another in the thigh and the third hit his car.
Inside the car was Makins’ 12-year old son. Standing outside talking to Makins was his 17-year-old son. Also in the car were two girls.
Birch and Makins knew of each other, but had never met, court heard. They were connected through a woman that Makins had previously been in a relationship with and the pair had a son.
Makins and the woman shared custody of the 12-year-old boy and Makins would see him weekends.
Last May, Birch and the mom began dating and he was going to move in with her June 1.
Court heard that the woman had started withholding visitation privileges to Makins.
At about 9:30 p.m. that night, the 17-year-old teen came to the house on Greendale Crescent, near River Road East in the Chicopee area, to ask his younger brother if he wanted to spend the night with his father.
Court heard that his mother refused and pulled him back into the house. The teen called police and the boy later snuck out through a back window. Makins was then called. He waited near his car up the street. They were waiting for police. He did not approach the woman’s house.
The woman texted Birch and incorrectly told him that “they” — suggesting the teenager and Makins — had tried to break into the house and she was afraid for her safety, court heard.
Birch had also told the woman via text message that he had “extreme jealously” toward other men in her life.
Birch, who had a gun in the trunk of his car, became engaged and “within 30 seconds Makins was dead,” Glithero said, as he outlined the facts of the case during his judgment.
Court heard that Birch drove alongside Makins’ car and fired three shots through the driver’s window. A girl in the back seat, the girlfriend of Makins’ teenage son, applied pressure to the wound while the teenage boy took his younger brother to a neighbour’s home to ensure his safety.
Makins was pronounced dead at St. Mary’s General Hospital.
In her victim impact statement, Makins’ mother said her world fell apart when her firstborn son was murdered.
“Brandon was the glue that held our family together,” said Mona, who cried as she read aloud her statement.
“I cry everyday for my son,” she said. “You, Christopher Birch, have stolen everything from me.”
Mona Makins said Birch’s actions of jealously and rage have “scarred” her grandsons for life.
“I see the struggles and pain they go through every day,” she said. “Life used to be good. Now we exist.”
In his submission, Birch’s lawyer said Birch expressed “genuine remorse” by pleading guilty at the earliest opportunity. Court heard that Birch worked full-time as a labourer and does not have a criminal record.
And except for his actions that night, he is of “good character,” Murphy said. He suggested Birch be eligible for parole in 10 years.
Crown prosecutor Julia Forward’s position was 15 to 18 years.
Forward said the biggest aggravating factor in the “execution-style killing” was that “two children watched their father die.”
“Mr. Birch is lucky we are not here on a double murder,” said Forward, referring to the bullet that hit the car and could have hit the children inside the vehicle.
His actions were “impulsive and reckless” and exhibited a “callous disregard for life,” she said.
After people walked out of the courtroom, Glithero said he had disappointed many in the court with his decision.
“I wish you the best of luck in getting over this. I know you will never get over this,” he said as he looked at Makins’ mother.
To Birch, Glithero said: “Good luck to you. You made a bad, bad mistake that day.”