8:46 PM ET .CBC News
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| Toronto philanthropist Glen Davis had given millions to conservation groups and was a supporter of WWF Canada and the Sierra Club. (Courtesy of Rowing Canada) |
Jesse Smith was charged in April 2009 with first-degree murder in the shooting death of Glen Davis, who donated millions of dollars to wildlife conservation and environmental causes. But Smith pleaded guilty Wednesday to accessory to murder after the fact.
The Crown and the defence came to an agreement that Smith be sentenced to five years in jail. Ontario Superior Court Judge John McMahon gave his assent, but considering time Smith already served in protective and pretrial custody, he will only serve 18 months.
Smith, 26, will now be a key Crown witness in the trial of three other men accused of murdering Davis, 66, on May 18, 2007.
Crown attorney Hank Goody presented an agreed statement of facts in court Wednesday outlining the case against the three men — Marshall Ross, 39, Ivgeny Vorobiov, 32, and Dmitri Kossyrine, 32 — accused of killing Davis. All three have been charged with first-degree murder. Vorobiov is the alleged shooter.
Smith was a labourer working for Kossyrine's construction company, DLK Custom Homes, where Vorobiov worked as a site supervisor. DLK Custom Homes had done work for Ross' company, Ross-Shire Enterprises.
The Crown alleges Ross, Davis's godson, was the mastermind behind the murder. Court heard Ross was heavily indebted to Davis and believed he was included in his will. He thought Davis gave away too much of his money to charity, and enlisted Vorobiov and Kossyrine to help kill him, court heard.
Begged for life
In the statement, Smith admits to driving Vorobiov to the parking garage at Eglinton Avenue East and Mount Pleasant Road where Davis was shot. But he said he had no idea Vorobiov had murderous intentions.
Vorobiov entered the parking garage on his own, according to the statement. When Vorobiov came back to the car, Smith said he was shaking, court heard.
Smith alleges Vorobiov told him he shot Davis twice in the back, and that Davis fell to his knees and said, "please don't kill me," before Vorobiov shot him one more time in the chest.
After the shooting, Smith admitted he helped Vorobiov get rid of Davis's identification and dispose of the gun used in the killing in Lake Simcoe.
Smith's lawyer Anil Kapoor said his client regrets his involvement.
"He has feelings of remorse and nothing but sorrow for the Davis family and the loss that they continue to endure today," Kapoor said outside court.
Davis was an avid supporter of both WWF Canada and the Sierra Club of Canada and had just finished lunch with someone from the WWF when he was shot.
The first-degree murder trial for Vorobiov, Ross and Kossyrine is expected to begin in September 2011
Read more: http://www.cbc.ca/canada/toronto/story/2010/11/03/davis-smith-philanthropist-plea548.html?ref=rss#ixzz14GzMipUQ