Grimsby man gets life in jail for 2013 shooting of ex-Hells Angel
Sitting quietly in the prisoner's box, John Josipovic listened - occasionally lowering his eyes, occasionally turning to look at his wife, daughter and other family in the courtroom - as his sentence was read.
On Monday, Superior Court Justice Andrew Goodman sentenced John to life imprisonment without eligibility for parole for 13 years - the same sentence as in the initial trial in 2015.
No sentence that I can impose today will bring back Lou Malone ... no matter what reputation the deceased has, he doesn't deserve to be killed by any stretch of the imagination," Goodman said, directing his comments toward family and friends of the victim. Hopefully this will provide some degree of closure."
In the early-morning hours of Nov. 9, 2013, John pulled the trigger on a shotgun, firing a bullet that would kill former Hells Angel - and his childhood friend - Lou Malone, who had allegedly extorted John and threatened his family.
In 2015, John and his brother Mato (Mike) Josipovic, who was with John the night of Malone's death, were tried for first-degree murder. A jury found them guilty of second-degree murder instead. Those verdicts were overturned on appeal and a second trial was ordered.
In this trial, the siblings were both tried for second-degree murder.
A jury found John, who admitted on the witness stand to shooting Malone, guilty of second-degree murder. His brother Mato was found not guilty of second-degree murder, but guilty of manslaughter.
It's just overwhelming for me, right," said Fern Josipovic, John's wife of about 30 years. It's been a long, long seven years."
John, who has already served seven years, could be released from prison as early as Nov. 18, 2026.
(The lawyers) did their best," she said. I'm OK with it, I'm just happy he didn't get more."
Defence counsel asked Goodman to set parole eligibility at 11 years.
My client took responsibility for killing Mr. Malone," said lawyer Angela Ruffo. He admitted that he was the one who shot Mr. Malone."
She said John has strong prospects for rehabilitation" and strong family support," and asked Goodman to consider the jury's recommendation. Nine jurors recommended 10 years, while the others made no recommendation.
The Crown asked for 15 to 18 years before eligible for parole.
Assistant Crown attorney Steve O'Brien said Malone's death was a brutal, execution-style" murder. The blasts caused property damage and posed a risk to public safety in a residential neighbourhood.
Malone's neighbour, Bill Cook, had previously testified that his daughter was on the computer by the front window of their 35 Robins Ave. home.
Had the angle been a little different the shot wouldn't have hit the door, it would have hit the window that his daughter was behind," O'Brien said.
Second-degree murder carries a maximum sentence of life in prison, but parole eligibility can range from a minimum of 10 to a maximum of 25 years.
Goodman handed down his decision orally - contrary to his standard practice of providing a written reasoning, he said - on Monday afternoon so that people can have some sense of finality today."
This was Hamilton's first juried murder trial amid the pandemic.
Running a murder trial at this time, from pretrial motions through to sentencing, is incredibly difficult," said defence lawyer Andrew Furgiuele, speaking outside Hamilton's John Sopinka Courthouse on Monday. The system, which gets maligned frequently, deserves credit when it pulls of something like this."
Kate McCullough is a Hamilton-based reporter at The Spectator. Reach her via email: kmccullough@thespec.com