Christopher Birch walked into a Kitchener courtroom Friday knowing that he would be sentenced to life in prison.
That penalty is automatic when you plead guilty to second-degree murder, as Birch did in connection with the May 2016 shooting death of Brandon Makins.
The only thing left for Justice Stephen Glithero to determine was when Birch would be able to apply for parole. The law gave him the range of 10 to 25 years before that could happen.
Birch’s lawyer, Chris Murphy, was arguing for 10 to 12 years of parole ineligibility. The Crown asked for 15 to 18 years.
Glithero apparently found himself in agreement with Murphy. He ruled that Birch would be able to apply for parole after 12 years in custody.
Speaking to CTV News, Murphy said that factors likely contributing to the decision included Birch’s lack of a criminal record, as well as his choice to plead guilty and forgo a trial.
“It saves the court a lot of resources, but also it prevents the young family members of Brandon Makins from having to testify in front of a jury, which would have been really excruciating for them,” he said.
Birch shot and killed Makins on May 27, 2016, on Greendale Crescent in the Morgan Avenue area of Kitchener.
At the time, Makins was standing outside his car with a 17-year-old boy who considered Makins his father. Makins’ biological son, 12, was inside the car.
Makins and Birch had never met before. They knew of each other because Birch was dating Makins’ ex-girlfriend.
According to court documents, Birch was under the assumption that Makins had tried to break into the woman’s house, which was on Greendale, when he fired his gun three times. Two of the shots hit Makins; the third hit the car.
Following Friday’s sentencing, Makins’ mother said that she was feeling “heartbreak” at the judge’s decision.
“Twelve years isn’t long enough,” she said.
“My son only got 33 years on this earth.”
With reporting by Max Wark
