One of three men accused of killing 18-year-old Nicholas Brophy in Thompson following a robbery in September 2015 is going to prison for at least 10 years after pleading guilty to second-degree murder Dec. 11.
Justin Noah Baker, who was 19 at the times of Brophy’s killing, apologized to Brophy’s family members in the courtroom prior to being sentenced to life in prison with no eligibility for parole for the first 10 years.
“I’m sorry for what I did,” said Baker, now 21. "I’m sorry for the pain I caused the family and the role I played in the death of your son.”
In addition to the sentence and 10-year parole ineligibility, Baker is also prohibited from owning weapons for life.
Brophy was reported missing Sept. 9, 2015, a day after he was last seen by friends. Extensive searches by family and friends along with other organizations like the RCMP, the Canadian Rangers and the Office of the Fire Commissioner were unsuccessful in locating Brophy but Baker discussed Brophy’s death with a number of people, one of whom came forward to police, said Crown counsel Brent Ian Davidson. This led to a ground search by RCMP in the area described by Baker, which resulted in the discovery of a skull, which dental analysis confirmed was Brophy’s. Baker told police in statements that he and two co-accused - Mark Thomas and Zach Linklater – had run into Brophy and robbed him, then taken him to an isolated area where they assaulted him, culminating in a series of kicks and stomps to various parts of his body. They then covered up the body with branches and Baker was told to leave one of his socks with the body. This fact, not released by police, helped confirm his involvement in Brophy’s murder. Baker began cooperating with the police and the Crown in March of last year and testified in a preliminary hearing for Linklater and Thomas last summer.
“He stepped forward wanting to take responsibility,” said defence counsel Laura Robinson. “He knows he can’t change the past, he can’t go back to that night and do something different.”
Robinson also said it was clear Baker wasn’t the ringleader and that, at the time of Brophy’s killing, he had no criminal record, though he has subsequently been convicted for an assault in December 2016.
“What [Baker and his co-accused] took from [Brophy’s family] is a family member who was a little bit of something to all of them,” said Davidson, noting that Brophy was traditionally the one who handed out the gifts to all of his family members at Christmas. “They say they have no enjoyment ... in part because of what Justin Baker took from them.”
Robinson said moving to Thompson at the age of 15 and becoming involved with drugs and alcohol was what led Baker to the play the role he did on the night of Brophy’s death.
“The circumstances leave me rather disturbed in terms of the gratuitousness of the violence,” said Court of Queen’s Bench Justice Chris Martin, who accepted the joint recommendation of the Crown and defence of a sentence of life in prison with no parole eligibility for 10 years.
Family members in the courtroom, who included Brophy’s mother, grandparents, aunts, an uncle and a cousin, did not provide any victim impact statements to the court.
