Two charged in Gore Street assault 'likely to re-offend if released,' judge says

Two people charged in connection with a Gore Street assault and firearm incident last May will remain behind bars pending their trial.

Superior Court Justice Michael Varpio made the ruling Wednesday, after deciding the pair are likely to re-offend if released from custody.

Bernie Nadon and Brodie Barnes face numerous charges, including assault with a weapon, forcible confinement, armed robbery, and firearm offences in what he termed a "serious" case.

The judge's written decisions follow detention review hearings, which took on place Jan. 20 (for Nadon) and Jan. 17 (for Barnes).

Nadon, 40, has been in custody since her June 14 arrest and a subsequent bail hearing where she was remanded in custody.

Barnes, 29, was taken into custody on May 29 – the date of the alleged incident.

It is the alleged that Nadon and others (including Barnes) were involved in physical confrontation with a woman at a Gore Street apartment and that Nadon pointed a firearm at her head.

Varpio said in both cases the issue he had to determine involves the effect of the strength of the Crown's case upon the grounds for detention.

Referring to case law, he said it is clear that "the strength of the Crown's case in the index offence can be used as a predictive tool in determining whether the accused is likely to commit a future criminal offence if released on bail."

The judge said he is also mindful that a detention review is a separate process from a bail review.

It must include consideration of such issues as the time needed to get the matter to trial and that pretrial detention is a matter of last resort.

The strength of the index offence and the severity both suggest that Nadon and Barnes, who have "terrible" records, would likely re-offend if released, he said.

Nadon's convictions for the past five years include two counts of trafficking, two counts of possession of a narcotic, three counts of fail to comply with a recognizance and a breach of a conditional sentence order.

Barnes's record includes convictions for trafficking, armed robbery using a firearm, disguise with intent, break and enter, as well as  multiple convictions for failure to comply with court orders.

Varpio concluded their records also suggest they will likely get in trouble with the law if released. He said he doesn't find the amount of time required to get the matters to trial problematic.

Twelve months from the date of arrest to the end of trial "is not extremely onerous," given the number of co-accused, the seriousness of the charges, and the quantam of the evidence to be called, he said.

Barnes and Nadon's trial will take place in the Ontario Court of Justice.

It is slated for the late spring with the last day of trial scheduled for May 29.

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