Windsor man sentenced to seven years in prison for stabbing stranger in the back in 2020

The Superior Court of Justice building in Windsor, Ont is shown in this Apr. 2021 file photo. (Michelle Maluske/CTV News Windsor)

Windsor, Ont. -

Jassee Yalda, 22, pleaded guilty Thursday to manslaughter. He was facing a charge of second-degree murder.

Jazz Downey, 20, was killed by a single stab wound on May 12, 2020.

Yalda, via a virtual link from the Southwest Detention Centre, admitted to stabbing Downey.

Assistant crown attorney Jayme Lesperance read an Agreed Statement of Facts to Justice Bruce Thomas.

As indicated in the statement, on May 12, Yalda’s brother-in-law was involved in a motor vehicle collision on Josephine Avenue with a member of Downey’s family.

Afterwards, court heard, members of the Downey family followed the brother-in-law to the Yalda home on McDougall Avenue.

Court also heard someone from the “Downey group” sprayed bear mace at the Yalda’s house not long after arriving there.

In surveillance video shown to the court, Yalda can be seen “brandishing” a kitchen knife as he approached the group of arguing males outside the home.

“Jassee Yalda stabbed Jazz Downey once in the back, causing the death of Jazz Downey,” read Lesperance. “Jazz Downey was unarmed at the time.”

During the altercation, Yalda sustained a three to four-inch stab wound to his back, committed by an unidentified person from Downey’s group.

Court heard Yalda called 911 to report his own injuries but made no mention of the fact he had stabbed a man himself.

When police arrived, officers started their investigation, centered on Yalda as a victim.

Court heard a woman was walking her dog on University Avenue when she saw “a significant amount” of blood on the ground.

Police followed the blood trail until they found the victim, near 443 McDougall Avenue.

An autopsy showed Downey suffered a fatal wound to his left lung, after being stabbed in the back.

Lesperance says a pathologist wrote “the stab action was done with such force that it broke the 11th rib into two pieces.”

The family of Jazz Downey wrote a Victim Impact Statement, which Lesperance read into the record.

“Every day we wake up, missing a very important person in our lives. Jazz always brought smiles to every person he knew.” Lesperance read “Jazz was a son, uncle, brother and especially, a loving father to four beautiful children.”

The statement spoke about how Downey’s mother has not been able to accept the loss of her son.

Yet the Downey family wrote “As a whole family, we forgive you (Yalda) and may God bless you.”

Defence lawyer Evan Weber had asked for a sentence of five to six years, while Lesperance asked for a term of eight years in prison.

“These individuals (the Downey group) had followed members of the Yalda family home to their residence,” Weber told the court. “There was Mr. Yalda’s mother in that group as well as his pregnant sister. These individuals (the Downey group) were armed.”

Weber said Yalda was in his room, playing video games when his dog started barking after hearing the fight outside.

“Though Mr. Downey was not armed specifically at the time, he was part of a group that was armed. He was part of a group that pursued the Yalda family to where they lived and attempted to assault members of Mr. Yalda’s family,” Weber told Justice Thomas

“This was all, unnecessary acts of stupidity,” Justice Thomas stated. “Now we have an unfortunate loss of life and a young man who won’t see his children raised, who was part of this and I see he was part of this although unarmed. But it’s all nonsense.”

Justice Thomas said the situation could have been diffused by the parties walking away or calling police.

“It’s not the law of the jungle. It’s a civilized society,” he said.

Weber noted this is not a case of self-defence, but argued there was a component of “defence of others.”

“I did not act out of anger. I acted out of fear for my family’s safety,” Yalda told the court. “I had no intention of taking a life. That’s not how I was raised.”

Yalda apologized to the Downey family, and specifically his children.

“I would also like the Crown to understand from the bottom of my heart that I am forever sympathetic for what took place that night,” he said.

In reading his sentence, Justice Thomas described the incident as a “chaotic melee on a public street”.

Justice Thomas gave Yalda credit for providing a “meaningful plea” at a time when court resources are strained because of the pandemic.

“This is a violent stabbing of the victim, from behind. There is a record for other assaultive offences. The offender was bound by a recognizance and a weapons prohibition at the time of the offence,” Justice Thomas read during his sentence.

Justice Thomas sentenced Yalda to seven years (or 84 months) in prison, but when given credit for the 19 months he has already served in custody, Yalda has four and a half years (55.5 months) to serve in prison.