THUNDER BAY - A 22-year-old man who admitted to his role in a 2020 robbery that resulted in the death of 18-year-old Austin Robinson had been sentenced to six years.
Cody Echum appeared before Justice Bruce Fitzpatrick in a Thunder Bay Courtroom on Tuesday for sentencing.
Echum previously pleaded guilty to manslaughter in April 2022, on the day he was to stand trial on the original charge of second-degree murder.
According to an agreed statement of facts read into the record by Crown attorney Shari Frenette, in the early morning hours of Jan. 9, 2020, Robinson’s mother called 911 to report a break-in at her home on the 300s block of Syndicate Avenue North and that her son had been assaulted.
When officers with the Thunder Bay Police Service arrived at approximately 3 a.m., Robinson was observed being held up by his mother and his face covered in blood.
An ambulance was called and Robinson’s mother informed police that three individuals broke into the home and assaulted her son with a baseball bat. An aluminum bat was found in Robinson’s bedroom.
According to Robinson’s mother, the three individuals who broke in were wearing masks, but she said she recognized one of the three as Cody Echum by his eyes, and when she called his name, he stopped and looked at her.
A light snow had fallen that night and officers in the area were able to follow the footprints to a laneway off Finlayson Street, where Echum and a youth were found. The youth ran away, but Echum was apprehended. A hammer was found in the pocket of his hoodie.
The youth was located a short time later on Syndicate Avenue and was arrested. A second baseball bat was found nearby in a snowbank.
Two days prior, Robinson was involved in an altercation with another individual at a coffee shop on May Street. Echum was present and the other individual allegedly threatened to kill Robinson.
The individual involved in the altercation with Robinson is said to have offered Echum $2,000 to rob Robinson, who had recently received money as part of a land claims settlement.
Echum told two others about the offer, and one individual said he could get into Robinson’s home without issue because he had been there before.
The three agreed to the plan and attended his residence just before 3 a.m. on Jan. 9, 2020. Echum was armed with a hammer and the youth had a baseball bat. The third individual did not bring any weapons, but took a bat that was near the front door of the residence.
The third accused knocked on the door and was let into the residence, while Echum and the youth went to the front porch. They heard two loud bangs inside and opened the front door where they saw the third accused running down the stairs, assault an unknown male inside, and then leave.
Robinson passed away in hospital on Jan. 11, 2020. A post-mortem examination determined he died as a result of blunt force trauma to the head.
Blood found on both baseball bats seized as part of the investigation was matched to Robinson.
The third accused has since passed away and previously admitted to his involvement in the robbery and assault, but did not provide any further details.
The youth, who cannot be named under the Youth Criminal Justice Act, was charged with first-degree murder, aggravated assault, and robbery. He is expected to make another court appearance on those charges later this month.
The sentence of six years was part of a joint submission presented by the Crown and defense counsel David Pierce.
Several victim impact statements were shared with the court describing Robinson as a kind, caring, and thoughtful person. Before reading her statement, Robinson’s mother said she wanted to see Echum and she wanted him to see her.
“Words can’t describe what I feel and what my losses are,” she said. “My heart will forever be shattered because you took someone who meant so much, and not just to me.”
Robinson’s sister also shared a statement with the court, saying her brother should have had an opportunity to live a long and healthy life.
“There will forever be a hole in my chest and my life will never be the same after this,” she said. “He was still just a child. He wasn’t perfect, but he was learning and he was growing. He was just a baby and just trying to figure out who he was and where his place was, and we will never know that now because of you.”
A pre-sentence report and Gladue report were ordered last spring, and while the Gladue report was not prepared in time, Echum waived his right to have Gladue factors considered as part of his sentence.
According to the pre-sentence report, Echum experienced a difficult childhood in his home community of Ginoogaming First Nation, which included witnessing domestic violence as a child and experimenting with substances at the age of 10.
Pierce told the court that Echum does not want any of his past experiences or issues with substance abuse to be seen as an excuse or an attempt to gain sympathy.
“He has made very clear that he is here to take responsibility and not looking for the court’s sympathy for his difficult background,” Pierce said. “He wants to take responsibility for his role here and he understands further custody is necessary based on the facts and his pleas of guilt.”
Pierce added that it was also important to Echum that the court know he was not the one who participated in the physical assault on Robinson.
Frenette said Robinson’s family has suffered a devastating loss, adding the trauma of the event occurring in the family home has had a lasting impact.
But Frenette also noted Echum’s willingness to take responsibility for his actions.
“There has been a taking of responsibility on the part of Mr. Echum,” she said. “The family did not have to testify at the trial. It is certainly true what he indicated to the police, he should have stayed home on that particular night as all of them should have stayed home.”
Justice Fitzpatrick agreed with the joint submission, noting there were several mitigating and aggravating factors taken into consideration.
Echum’s upbringing, his issues with substance abuse, and his plea of guilt were mitigating factors cited by Justice Fitzpatrick, but he also noted significant aggravating factors, including the impact on Robinson’s family.
“Austin was 18-years-old. Barely an adult. Nothing but promise and opportunity ahead of him. He was robbed. He was beaten badly that night. Brutally beaten. He succumbed to his injuries,” Justice Fitzpatrick said.
“This crime has had a significant impact on Mr. Robinson’s family. The family has experienced a profound sense of shock, grief, and disbelief concerning his death. A young man lost his life in his own home. The true promise of the future has been senselessly taken away.”
With pre-sentence custody of 999 real days, enhanced to 1,500 days, Echum will spend an additional 690 days in custody, or just under two years. Upon his release, he will be subject to three years of probation.
Justice Fitzpatrick said the joint submission falls within an appropriate sentencing range. He also urged Echum to seek counselling while in custody and during his probation period for substance abuse issues.
“Mr. Echum needs a chance,” he said. “Mr. Robinson has had his opportunities brutally taken away. But I respect the wisdom expressed by the family that two wrongs do not make a right.”
Echum is also required to submit a DNA sample and is subject to a weapons prohibition for life, with an exemption for traditional or substance hunting.
