Judge Rules Province Put Don Jail Inmate’s Life in Danger — Awards Him $3.2 million

Update: see previous post – August 13, 2015 Ontario: Severely Beaten Prisoner Successfully Sues Province for $3.4 Million

Judge Arthur Gans awarded low-level Malvern Crew member Jason Clive Walters $3.2 million from the province because he says the Correctional Services Ministry failed to protect Walters in custody. “Walters sustained serious and lifelong injuries in the assault ... and the defendant’s negligence caused the catastrophic injuries.” The Crown will appeal this decision.
Judge Arthur Gans awarded low-level Malvern Crew member Jason Clive Walters $3.2 million from the province because he says the Correctional Services Ministry failed to protect Walters in custody. “Walters sustained serious and lifelong injuries in the assault … and the defendant’s negligence caused the catastrophic injuries.” The Crown will appeal this decision.

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TORONTO – Putting rival gang members too close to each other is a “recipe for disaster,” especially when one is the murderous Galloway Boys leader Tyshan Riley.

Killer Tyshan Riley received two 18-year terms Thursday. (File photo)
Galloway Boys leader Tyshan Riley. He has been convicted of one (1) murder and three (3) attempt murders charges to date.

Judge Arthur Gans awarded low-level Malvern Crew member Jason Clive Walters $3.2 million from the province because he says the Correctional Services Ministry failed to protect Walters in custody.

Walters, 33, was left paralyzed on one side of his body and can only walk with the help of a cane after an unprovoked gang ambush orchestrated by Riley at the now-closed Toronto Don Jail in November 2008.

“The placement of a Malvern Crew member with Riley in particular was a recipe for disaster, as ultimately played out,” Gans wrote in his Superior Court ruling obtained by the Toronto Sun. “Walters sustained serious and lifelong injuries in the assault … and the defendant’s negligence caused the catastrophic injuries.”

The judge ordered the settlement in August, but his reasons for doing so were only recently released.

The settlement of $3.75 million was trimmed by 15% (roughly $560,000) because Walters didn’t ask to be placed in protective custody (PC), which would have spared him from the violence. The money is intended to cover the cost of lifelong care, legal expenses and disbursements.

“Nobody wants to be in PC,” Walters’ lawyer, Andrew Camman, explained Friday.

“Jason didn’t know he’d be put into a unit with Riley and Jason paid for that with his life,” Camman said, adding his client had graduated from high school. “He could have escaped the gangster life. His older brother is an engineer and his mom is a hard-working woman who raised two sons alone in a tough neighbourhood.”

Gans said the jailers should have known Riley posed a grave security threat. He racked up 23 misconduct cases in custody, including five assaults or threats and three for possession of a knife or shank, Gans said.

Riley, who was on trial for murder and attempted murder charges in his deadly campaign against Malvern Crew members, was being escorted to court daily by emergency task force cops in 2008.

Walters and Riley were only accessible to each other for three days, court found.

Jail managers were more concerned with keeping same-gang members apart than putting rivals in the same range, Gans ruled.

The Crown has indicated it will appeal Gans’ decision.

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  • October 2002 — Tyshan Riley’s mentor and former Galloway Boys gang leader, Norris “Bolu” Allen, is murdered. Riley blames the rival Malvern Crew, forms “ride squads” to avenge his death.
  • November 2002 — Malvern crack dealer Eric Mutiisa is killed.
  • January 2004 — Omar Hortley, an innocent young man in Malvern, is killed.
  • March 3, 2004 — In a ride squad hit, Riley and two others shoot two innocent men, killing driver Brenton Charlton, 31, and wounding his friend Leonard Bell, 44, in Malvern.
  • April 19, 2004 — Riley shoots and wounds innocent teens Kofi Patrong and Chris Hyatt, who were in a Malvern backyard.
  • April 19, 2004 — Riley is arrested after a high-risk takedown at the Five Points Mall in Oshawa.
  • May 2004 — Project Impact, the blitz on the Malvern Crew, was the first and largest anti-gang sweep in Toronto’s history, netting 65 alleged gangbangers, including Jason Walters. April 27, 2005 — Walters enters a criminal organization peace bond.
  • Nov. 17, 2008 — Walters is busted on another gun offence and is housed on the same Don Jail range as Riley.
  • Nov. 19, 2008 — Riley orchestrates an unprovoked ambush of Walters.
  • 2009 — Charges against Walters are stayed.
  • July 14, 2009 — Riley and Philip Atkins, then 26, and Jason Wisdom, 23, are convicted of first-degree murder and attempted murder for shooting Charlton and Bell. Judge Michael Dambrot gives them two concurrent life sentences.
  • June 2011 — Riley gets 18-year concurrent sentences for wounding Patrong and Hyatt. Crown withdraws Hortley and Mutiisa murder charges.
  • May 2015 — Walters’ lawsuit against the province for Riley’s attack begins.
  • August 2015 — Judge Arthur Gans rules in favour of Walters, declares province “negligent.”
  • Sept. 3, 2015 — Crown files its notice of appeal of Gans decision.
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