A trip up to Barrie from Toronto to buy drugs ended in the death of Dana Camber, a court heard on Thursday during the sentencing submissions for James Garthwaite, who pled guilty to manslaughter back in June for her death.
Garthwaite, 26, of Toronto, sat in the prisoners box on Thursday in a black collared shirt and glasses, and was clean-shaven.
As there was a publication ban in place prior to Garthwaite pleading guilty, none of the details of the case have been officially released to the public until now.
On the evening of March 14, 2017, Garthwaite, Greg Keays and David Glover drove from Toronto to Barrie to buy drugs. Once in Barrie, Garthwaite planned to visit his drug dealer to demand his money back. Garthwaite’s drug dealer was at Dana Camber’s apartment.
He tucked a sawed-off shotgun into his jeans and approached the apartment building on Kozlov Street at about 2:28 a.m.
Assistant Crown attorney Bhavna Bhangu outlined the rest of the night’s events in court on Thursday.
“Somewhere along the way, according to Keays, there’s a chase in the hall (of the apartment building). Somewhere along the way, Garthwaite reaches into his pants and gets the sawed-off gun out. And somewhere along the way, he manages to make it go off, at the door of Dana Camber, which is where her body was found,” said Bhangu.
Bhangu indicated in her statements that Camber was trying to close the door to her apartment when she was shot in the abdomen.
The phone call to 911 saying someone had been shot at 101 Kozlov St. came in at 2:41 a.m.
“Camber was the unintended victim, but the fact that the shotgun was sawed off was aggravating,” said Bhangu.
Keays and Glover both pled guilty back in June to accessory after the fact, and received a sentence of two years probation and time served.
Bhangu also made reference to Garthwaite’s criminal past. He had been charged and pled guilty to other offences in 2011 and 2015, one of which involved a home invasion. At the time of this offence, he was on probation for the 2015 offence and was under a weapons prohibition as a condition.
Garthwaite’s defense attorney, Mitchell Chernovsky, mentioned Garthwaite’s criminal past during his submissions.
“Just looking at his criminal past is a one-dimensional way of looking at him,” said Chernovsky.
Chernovsky outlined the disadvantages Garthwaite has dealt with in his life, between his father leaving and his mother being a drug addict. Despite his criminal start, Chernovsky said Garthwaite has tried to better himself by getting his high school diploma while in jail.
“He wants to have a better life and start a family,” said Chernovsky.
Midway through submissions, Garthwaite himself took the stand to read a prepared statement.
“I am ashamed to be here, because a woman has lost her life,” he started. “I would like to apologize to the court, and most of all to the family of Miss Camber.”
“I don’t have any children of my own, so I can’t imagine the pain they feel. I have read the letters the family wrote, and I know the family misses her very much. I have had a lot of time over the past year or so, to think about and reflect on this situation,” he said. “I want you to know that this was an accident and it’s going to haunt me for the rest of my life.
“I would like to ask you for your forgiveness, but I don’t understand how I can, considering that I don’t think I’ll be able to forgive myself. I hope my plea of guilt provides you with some closure. If there was any way I could take that night back, I would. All I can do is take this time to better myself,” he said.
At this point Garthwaite looked up from his prepared statement and turned his gaze to Dana Camber’s family.
“I am truly sorry for your loss.”
Garthwaite also apologized to his own family for what he has put them through.
The Crown is seeking a 12 to 14 year sentence in the case. The defence is looking for jail time in the single digits.
The Barrie police homicide unit arrested and charged the three men in the death of Camber in April 2017. An autopsy determined that the 50-year-old grandmother died of the shotgun wound to the abdomen.
Garthwaite remains in custody and will be back in court on Sept. 11 in Newmarket to receive his sentence.
