Ajax man pleads guilty to weapons charge after murder charges dropped due to self-defence arguement

The charges of murder and attempted murder have been dropped against an Ajax man in connection with the death of a man in Kingston last August.

Vaughan Roberts, 20, had been accused of shooting 43-year-old Jason Wagar at a residence in Kingston on August 12, 2021. It was alleged Roberts shot Wagar and fired shots at a second person at the home before fleeing the scene.

He had been charged with second-degree murder, attempted murder, possession of a restricted weapon, and without lawful excuse, pointing a firearm at another person.

During a court appearance Wednesday, Roberts pled guilty to possession of a restricted firearm while the rest of his charges were dropped.

The Crown remarked that the charges were being withdrawn based on self-defence during the court appearance.

In his bail statement, Roberts’ lawyer Selwyn Pieters brought up the self-defence argument, which was granted last December 2021.

Pieters alleged that Roberts, who is Black, had appeared to be the target of a crime, possibly a hate crime, as text messages were sent back and forth between Wagar, who is white, and another occupant of the residence, “indicating that they were planning on robbing Mr. Roberts while he was sleeping.”

The text messages allegedly contained inappropriate and racial slurs to describe Roberts.

Superior Court Justice Marc Smith said that he accepted that “this was not a safe environment for Mr. Roberts and that he may have experienced a traumatic event, which explains Mr. Roberts’ need to leave the residence hurriedly.”

Judge Smith added, “The evidence strongly suggests that Mr. Roberts was the target of a racially motivated attack.”

The judge noted Wagar had an extensive criminal record, and there was “evidence that he was known to be violent.”

“On the basis of the antecedents of the deceased, on the basis of the conspiracy of the robbery that was planned and deliberate, and on the basis of other factors, including the public interest, the Crown had to determine that it wouldn’t be an effective use of taxpayers’ money to prosecute this man for murder when he was simply defending his life,” Pieters told CityNews in an interview Wednesday.

He will remain out on bail until July 7, at which time an agreed statement of facts will be submitted to the court. Pieters said the Crown is seeking a sentence of three years for Roberts, but he will be asking for a one-year sentence.

“We need to see the race and cultural impact report, and those are the reports that are going to inform the decision that the judge will ultimately make because, obviously, regardless of what submissions that Crown makes, what submissions I make, it all depends on how the judge lands, having regard to the principles of sentencing,” said Pieters.

Roberts has been under house arrest for the last five months. Pieters said house arrest has not been easy for him, but he has a sound support system in place.

“As a 20-year-old, he wants this matter to be resolved so that he can move on with his life and today is one step forward in that.”