A Toronto man has been sentenced to life in prison with no chance at parole for 14 years after the 2020 killing of 21-year-old Jakub Sudomericky, known as Kuba. Michael Roberts, 25, was convicted of second-degree murder in 2024 following a judge-alone trial.
The killing, which a judge described as senseless, stemmed from a brief verbal dispute over social distancing at the checkout of an LCBO on Danforth Avenue near Victoria Park Avenue in October 2020. The altercation moved into the store parking lot, where Sudomericky was shot.
What the trial found
Ontario Superior Court Justice Nola Garton, who heard the case and has since retired, found that Roberts 'knowingly and willingly engaged' Sudomericky in the parking lot and confronted him while armed with a loaded handgun. The judge rejected Roberts' account that Sudomericky had provoked him by using racial language or by pulling a knife.
Garton concluded Roberts was not a credible witness, that evidence he had smoked marijuana before the incident was absent, and that Sudomericky did not call Roberts the slur Roberts claimed. A knife bearing Sudomericky's fingerprint was recovered at the scene, but only Roberts testified he saw Sudomericky holding it.
How the encounter unfolded
Witness testimony at trial described a short exchange at the checkout. An employee who was bagging alcohol said Roberts stepped close behind Sudomericky while the latter was paying. Sudomericky told him to 'back the f--- up, bro.' The employee reminded Roberts of the store's distancing rule. Roberts complied and backed away, the employee said.
A customer in the store said Sudomericky again told Roberts to back up and that the two appeared to stare each other down. The employee said he was surprised when he later learned something had happened in the parking lot, because he did not view the dispute as serious.
Defence version and trial response
At trial Roberts testified he was startled to find Sudomericky near him in the parking lot and said Sudomericky had called him a racial slur and pulled a knife. Roberts said these actions drove him into a 'blind rage' and that he had smoked several joints earlier in the day. The judge rejected that account.
The Crown argued Roberts followed Sudomericky out of the store intent on confronting him while armed. Garton found that to be the more credible version, stating Roberts had his handgun 'at the ready' when he exited the LCBO.
Sentencing and judicial remarks
Superior Court Justice Jane Kelly imposed life imprisonment and set Roberts' parole ineligibility period at 14 years. Crown attorneys had sought a 15-year period, while the defence asked for 10 to 12 years. Kelly noted that parole eligibility after 14 years does not guarantee release.
It is unimaginable to deal with the murder of a loved one. Even more so when the circumstances are examined: being shot as a result of a verbal dispute over social distancing.
Superior Court Justice Jane Kelly
Kelly identified the public nature of the shooting and Roberts' decision to carry a loaded, concealed firearm as aggravating factors. The judge accepted that Roberts has shown remorse and that he experienced harsh conditions while detained, which were considered mitigating factors.
Impact on family and victim statements
Sudomericky's family addressed the court with victim impact statements that described the immediate and lasting trauma of the killing. The statements detailed how his mother continues to relive the moments after the shooting.
I wake up in a state of terror hearing him saying, 'I don't want to die.' It is impossible to just remember the good times because those good times were cut cruelly short and all I can seem to think about are the things that he missed by being murdered at just 21 years old.
Miriam Shea, victim impact statement
Roberts' mother also submitted a letter asking for clemency on behalf of her son, describing him as a person capable of change and noting the support of family members who want him to return home.
Michael is a good boy who just needs a chance to show that he can do better and live the right way. Michael understands the mistakes he made, and he knows what he did was wrong. He would never do such a thing again.
Fabiola Donoso, letter to the court
Members of Sudomericky's family wept in court as Kelly reminded those present that Kuba was more than a name on an indictment. The judge said the victim had hopes and aspirations and that those who knew him described him as kind and charismatic.
Where the case stands
Roberts will be eligible to apply for parole after 14 years, though release is not assured. The conviction and sentence followed a judge-alone trial that culminated in the 2024 guilty verdict and Friday's sentencing.
The case underscores legal and public safety consequences when a brief dispute escalates into lethal violence, and it leaves Sudomericky's family continuing to grieve a life cut short at 21.