UPDATE: 3:45 p.m.
Darwin Rosales called his brother's killer a waste, a man who deserves no rehabilitation and should pay for taking his brother's life.
“If he doesn't (represent) a wasted life, what does," said Darwin. "The records show it. He's a recidivist, a serial offender, the facts point it out. He should get the maximum sentence for what he has done.”
Tyler Jack Newton was initially charged with second-degree murder but pleaded guilty to a lesser charge of manslaughter in a Kelowna courtroom Wednesday morning.
Newton admitted to the unprovoked killing of Darwin's brother, 55-year-old Caesar Rosales, who bled to death while taking the No. 8 bus home from work on Oct. 30, 2014.
The bus was stopped behind Dilworth Shopping Centre on Baron Road at 6:30 p.m. when witnesses reported Newton stood up and stabbed Caesar in the neck.
He then exited off the back of the bus and took off.
Caesar was bleeding profusely and despite passenger attempts to save him, he died before paramedics even arrived.
Newton, who was 24 at the time, was in police custody less than a day after the incident. He was arrested at his girlfriend's home on Hein Road in Rutland. Newton has remained in custody since his arrest.
Darwin travelled all the way from the Philippines to represent the Rosales family in court and provide his victim-impact statement.
He said his family was in total shock when they heard about Caesar's death.
“We were in total denial,” said Darwin. “It couldn't have happened, because he had assured us Canada was a peaceful country, it was safe. He made all those assurances, so we didn't believe it had really happened.
“What he did to my brother was treachery, he didn't give my brother a chance to defend himself.”
Newton's family was also on hand. They sat in the back of courtroom and showed little emotion as the circumstances surrounding Caesar's death were read.
Following Newton's plea Wednesday morning, Crown counsel Colin Forsyth began his sentencing submissions on the case.
Forsyth began by sharing the agreed statement of facts regarding what happened leading up to Caesar's death.
Early in the morning on Oct. 30, 2014, Newton showed up a friend's home unannounced with a stolen truck.
That friend testified that throughout the day Newton acted stressed, anxious and was heavily intoxicated.
He showed up at the home with several belongings including illicit drugs and a knife.
Throughout the day he was witnessed doing heroin and acting delusional and confused. He told the friend, a mother of two young children, that the voices on the TV were talking to him, telling him to steal cars and hurt people.
She eventually decided she wanted him out of the home and came up with a story that they had to go the mall, via bus, to buy drugs.
Newton, the woman and her two young children went to the Westside Road bus stop and travelled to the mall together.
The mother said she was scared as Newton threatened her son with the knife several times while on the bus.
She said he put the knife away when she asked him to, but she wanted to get away from him.
Once at Orchard Park Mall bus loop she was eventually able to convince Newton to get on the No. 8 bus and go home, sleep and “work things out” with his girlfriend.
At 6:20 p.m., the No. 8 bus pulled away from the mall and Newton sat at the back by himself with his hood up.
Four minutes later, the bus approached the next bus stop at Baron Road and Leckie Road.
Witnesses reported Newton moved from the back of the bus to a seat directly behind Caesar.
“He sat down briefly, directly behind the victim who was seated by himself, seated next to the window, facing toward the front of the bus,” read Forsyth in court. “The accused, still wearing the hood over his head, stood up and without warning or announcement swung his right arm at Rosales, stabbing him in the right side of his neck, once.”
“After being stabbed Mr. Rosales let out a noise of shock and stood up, holding his neck,” said Forsyth.
“Several passengers gave assistance, several passengers called 911, Mr. Rosales was dead before the arrival of emergency services.”
Forsyth said an autopsy conducted after the fact showed the stab wound severed both the jugular vein and carotid artery. Forsyth said Newton stabbed Caesar in the most vulnerable part of the human body.
“Mr. Rosales was vulnerable and unable to protect himself from the assault. He was unsuspecting.”
Following the attack, Newton quickly exited the back of the bus and walked away from the scene.
The folding knife with a silver blade was recovered by police from a nearby bush, covered in Caesar's blood.
Newton made it to his girlfriend's home in Rutland that night. He was arrested there the next day.
Forsyth told the court that just two weeks before this incident, Newton had been released from Kelowna General Hospital after a drug overdose.
Newton's lengthy criminal record began in 2009, in the 5 1/2 years between 2009 and his arrest, he had been convicted of 50 different crimes.
While there had been no violent convictions in his history, Forsyth argued that his criminal record showed a complete disregard for the law, for court-imposed orders and for the safety of the public.
While we do not yet know what sentence Newton will face, the maximum sentence for a manslaughter conviction is life in prison.
Forsyth told Justice Heather Holmes that manslaughter convictions typically range between a four- to 15-year sentence depending on the severity of the crime, a range in manslaughter's 'causes' from a “foolish misadventure to deliberate criminal activity.”
Darwin just hopes justice will prevail.
“If anyone thinks he should be given another chance, I would say to that person, 'OK fine, we will set him free, but on the condition he lives in your neighbourhood, better still you adopt him,'” says Darwin.
“Be my guest – let him live with you.”
Sentencing submissions from Newton's defence counsel, Jordan Watt, are expected tomorrow. The sentencing is expected to wrap up Friday.
Tyler Jack Newton pleaded guilty to the lesser charge of manslaughter in a Kelowna courtroom this morning.
Newton was charged with second-degree murder in the attack that killed 55-year-old Caesar Rosales, who bled to death while taking the No. 8 bus home from work on Oct. 30, 2014.
He stood in court on Wednesday in a black T-shirt and red-prison pants, pleading not guilty to second-degree murder, but guilty to manslaughter.
The No. 8 bus was stopped behind Dilworth Shopping Centre on Baron Road at 6:30 p.m. when witnesses reported Newton stood up and without notice or provocation stabbed Rosales in the neck.
He then exited off the back of the bus and took off.
Rosales was bleeding profusely from his neck and despite passenger attempts to save him, he died before paramedics even arrived.
The Kelowna resident, who was 24 at the time, was in police custody less than a day after the incident. Newton has remained in custody since his arrest.
He made his plea in Kelowna Supreme Court, sentencing submissions are being made today.