Vaughan man acquitted of murder in Toronto courtroom chaos

Harold Santana Simon was found not guilty of second-degree murder in the death of Makayla Roxburgh-Carpino, sparking an outburst from her family in court.

Acquittal in Toronto murder trial triggers courtroom outburst from victim's family

A Toronto courtroom erupted in chaos Friday after a jury acquitted Harold Santana Simon, 29, of second-degree murder in the death of 20-year-old Makayla Roxburgh-Carpino, according to Global News Crime.

Dozens of Roxburgh-Carpino's family members and friends were present when the jury foreman read the not guilty verdict on the murder count. Simon was, however, found guilty on two related firearms charges — unauthorized possession of a firearm and being in a vehicle knowing there was a loaded firearm present.

Superior Court Justice Suhail Akhtar asked the foreman to repeat the verdict for clarity. The foreman confirmed: not guilty of second-degree murder.

Family members confront the verdict in open court

The reaction from the gallery was immediate. Family members began shouting as the implications of the acquittal became clear. A man rose from his seat and moved toward the prisoner's box where Simon sat with his face in his hands; court officers intervened and held him back.

"You murdered his only child and got away with it," one woman shouted from the gallery. She continued, "This is ridiculous, my only grandkid. You came and took her away from us, dear God," before collapsing between two rows of gallery seating.

A second woman called out at Simon as officers led him from the courtroom: "How could you do this. I can't breathe. You're a b—-. You're going to die."

What the defence argued

Simon had pleaded not guilty throughout the trial. His lawyers, Angela Ruffo and Megan Andrews, acknowledged in their Monday closing address that Simon was guilty of the firearms charges — tied to a loaded handgun found in his possession when he was arrested during a high-risk police takedown in Orillia in the early hours of May 11, 2024 — but argued there was no basis for a murder conviction.

"What happened to Ms. Roxburgh-Carpino is awful. She was killed with an illegal firearm that belonged to my client. It's reasonable you will instinctively want to hold someone accountable. Your sadness about what happened to Roxburgh-Carpino and your anger towards my client does not mean he's guilty of murder," Ruffo told the jury.

Simon testified that he had kept the loaded gun, acquired in 2022, at the apartment of his ex-girlfriend Sentoree Kamara for personal protection, citing prior threats near the area where she lived.

He told the court that around 5 a.m. on May 11, 2024, he went to Kamara's apartment seeking to reconcile with her. Earlier that evening, he said he had become upset after learning she was texting other men, and had sent messages calling her and Roxburgh-Carpino "whores." He let himself into the apartment using a key he had kept.

Simon testified he was annoyed to find Roxburgh-Carpino in Kamara's bed and said she refused to leave. When the situation escalated, he said it was Kamara who retrieved his loaded handgun from her dresser. He claimed he was attempting to disarm her when the gun discharged accidentally.

"He wasn't sure if it was him or Ms. Kamara who actually depressed the trigger. In the dark and the chaos of the struggle, he didn't see where Ms. Kamara's finger was. The entire thing lasted about 10 seconds," Ruffo said during her closing address.

Ruffo added that Simon panicked after Roxburgh-Carpino was hit and fled without attempting to help her, a choice he described in his own testimony as acting selfishly "like a 'p—-'." She argued he had no motive to kill Roxburgh-Carpino and raised concerns about the reliability of Kamara, who testified as a Crown witness.

What the Crown argued

Kamara's account differed sharply from Simon's. She testified that Simon let himself in with a key he had taken without permission, came in calling them "whores," ordered Roxburgh-Carpino to leave, and when she refused, retrieved a gun from the living room, returned to the bedroom, held it to Roxburgh-Carpino's head and shot her.

Assistant Crown attorneys Geocelyne Meyers and Cynthia Valarezo argued in their closing that Simon was driven by jealousy and anger, and that he had deliberately targeted Roxburgh-Carpino.

"It was that jealousy and anger that motivated him to shoot Makayla. It is clear that Mr. Simon meant and wanted to kill Makayla," Valarezo told the jury.

The Crown also challenged Simon's credibility as a witness. "You cannot believe Mr. Simon when he tells you that Makayla's death was an accident," Valarezo said. "He came to court with an agenda. His evidence appeared rehearsed. He kept going back to his script, repeating his own story. He even forgot his script at one point and had to be cued."

Sentencing date not yet set, deportation order pending

Following the verdict, Simon's lawyers requested he be released on bail ahead of sentencing on the two gun convictions. Justice Akhtar said it was not the appropriate moment to address the bail question and stepped out of the courtroom as the disturbance in the gallery continued.

No sentencing date has been scheduled. Simon has been in custody since his arrest approximately two years ago. Court has heard that he has no legal immigration status in Canada and is facing a deportation order upon completion of his sentence.

Source: Global News Crime