Alleged subway killer was on probation, had years-long history of charges: court documents

A 22-year-old homeless man who is facing a first-degree murder charge in connection with the stabbing death of a 16-year-old boy at a Toronto subway station Saturday was on probation when the attack occurred, and has been charged in recent years for a variety of offences, according to court documents obtained by CBC News.

The documents also show Jordan O’Brien-Tobin has been in and out of prison in two provinces — Ontario and Newfoundland and Labrador.

O’Brien-Tobin was arrested and charged Saturday evening after allegedly fatally stabbing 16-year-old Gabriel Magalhaes, who later died in hospital. 

Magalhaes was sitting on a bench at Keele subway station around 9 p.m. when what police have called an unprovoked attack took place.

The fatal stabbing is one of several violent incidents seen on Toronto public transit in the past few months. Those attacks have fuelled conversations around the need for increased safety measures and tackling systemic issues some experts say are the root cause of the problem.

Here’s what CBC Toronto can confirm about O’Brien-Tobin at this time:

O’Brien-Tobin has been criminally charged multiple times over the past four years. According to court documents obtained by The Canadian Press, he is wanted on an outstanding warrant in Newfoundland and Labrador for breaching probation conditions, issued on April 15, 2021 in St. John’s. 

Newfoundland court documents show O’Brien-Tobin served multiple short prison terms there in 2019 and 2020 — ranging from one day to 30 days. That imprisonment stemmed from a number of offences that occurred through 2018 and 2019.

His charges included low-level fraud, theft under $5,000, mischief, arson and uttering threats. He was also charged with failing to comply with court orders.

O’Brien-Tobin has also had several run-ins with the legal system in Ontario, according to court documents.

Most recently in April of last year, he was found guilty of assault and uttering a threat to cause bodily harm. In August, he was sentenced to 36 days in jail and 12 months of probation, including requirements to not speak to the victim in the case and to keep a 25-metre distance from their place of residence.

The 22-year-old was also required not to possess any weapons or anything “intended to use to cause death or injury,” according to the probation order. He was also ordered to participate in counselling or rehabilitative programming around substance abuse. 

Prior to that in April of 2021, O’Brien-Tobin was charged and later pleaded guilty to one count of assault, as well as obstructing a police officer and failing to attend court. He was sentenced in March 2022 to two years of probation. 

O’Brien-Tobin also pleaded guilty in March of last year to stealing gas at an Esso station in Brantford, Ont. in March of 2021, as well as failing to attend court to provide fingerprints. He was sentenced to two years probation.

Court documents show O’Brien-Tobin’s last known residence was in Scarborough, as of 2021. Police have said he currently has no fixed address.

CBC Toronto is also attempting to contact O’Brien-Tobin’s lawyer.