Jury finds Vaughan man not guilty of murdering ex-girlfriend’s best friend

A chaotic scene unfolded in a downtown Toronto courtroom Friday after a jury found a man not guilty of second-degree murder charges.

Dozens of family and friends of 20-year-old Makayla Roxburgh-Carpino sat in shock when the jury foreman said not guilty to count one for Harold Santana Simon, but guilty to counts two and three, which are firearm charges.

Superior Court Justice Suhail Akhtar then asked the foreman for clarification. The foreman repeated that Simon was “not guilty” of second-degree murder. Simon was found guilty of unauthorized possession of a firearm and being in a vehicle knowing there was a loaded firearm.

Roxburgh-Carpino’s family members then began shouting as they realized Harold Santana Simon had been acquitted of killing their loved one.

A man who was upset stood up and appeared to begin rushing towards the prisoner’s box, where Simon was sitting with his face in his hands. The man was held back by court officers.

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“You murdered his only child and got away with it,” yelled one woman. “This is ridiculous, my only grandkid. You came and took her away from us, dear God,” the woman continued yelling, before falling to the floor between two rows in the gallery of the courtroom.

Another woman shouted, “How could you do this. I can’t breathe. You’re a b—-. You’re going to die,” as Simon was led out of the courtroom by court officers.

Simon had pleaded not guilty to the second-degree murder of Roxburgh-Carpino, a friend of his ex-girlfriend, Sentoree Kamara.

On Monday, during closing arguments, Simon’s lawyers, Angela Ruffo and Megan Andrews, told the jury that the Crown had proven that Simon was guilty of two firearms charges related to the discovery of a loaded handgun that was in his possession when he was arrested during a high-risk takedown in Orillia on the night of May 11, 2024.

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“What happened to Ms. Roxburgh-Carpino is awful. She was killed with an illegal firearm that belonged to my client. It’s reasonable you will instinctively want to hold someone accountable. Your sadness about what happened to Roxburgh-Carpino and your anger towards my client does not mean he’s guilty of murder,” Ruffo told the jury.

The 29-year-old Simon testified he kept the loaded gun which he had acquired in 2022 at Kamara’s apartment for protection because he had been threatened before and that threat existed near where Kamara lived.

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Simon told the jury around 5 a.m. on May 11, 2024, he went to Kamara’s apartment to reconcile. Simon admitted earlier in the evening, he was upset after learning Kamara was texting with other men and admitted he then contacted Roxburgh-Carpino and Kamara and called them “whores”.

Simon testified that after letting himself into the apartment, he was annoyed to see Roxburgh-Carpino in Kamara’s bed and said she wouldn’t leave.

When things escalated, Simon testified, it was Kamara who pulled his loaded handgun out of her dresser next to her bed where he stored it. Simon said he wanted to disarm Kamara and said the gun accidentally discharged as he was trying to get it out of Kamara’s hand.

“He wasn’t sure if it was him or Ms. Kamara who actually depressed the trigger. In the dark and the chaos of the struggle, he didn’t see where Ms. Kamara’s finger was. The entire thing lasted about 10 seconds,” Ruffo said in her closing address.

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“From when he reached to her wrist to when the gun went off, he was stressed, scared and angry. He realized Roxburgh-Carpino was hit and panicked. He said it was an accident and repeated he was sorry. He testified that though he hoped she was alive, he acted selfishly like a ‘p—-‘ and ran without trying to help her.”

Ruffo told the jury he had no motive for killing Roxburgh- Carpino and said there should be concerns about Kamara’s reliability. She was a witness for the Crown.

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Kamara testified that Simon let himself into her apartment in the middle of the night with a key he had taken. Kamara said Simon came in calling them “whores.” She alleged he ordered Roxburgh-Carpino to leave and when she wouldn’t, went into the living room, got a gun, came back into the bedroom, put a gun to her head and shot her.

Assistant Crown attorneys Geocelyne Meyers and Cynthia Valarezo said in their closing address that jealousy and anger fuelled his attendance at Kamara’s apartment and he was angry that Roxburgh-Carpino was interfering.

“It was that jealousy and anger that motivated him to shoot Makayla. It is clear that Mr. Simon meant and wanted to kill Makayla,” said Valarezo.

“You cannot believe Mr. Simon when he tells you that Makayla’s death was an accident. There are many examples of how he is unable to tell the truth.

“He came to court with an agenda. His evidence appeared rehearsed. He kept going back to his script, repeating his own story. He even forgot his script at one point and had to be cued.”

On Friday, after the verdict was read out, Simon’s lawyers suggested to the judge their client be released on bail, pending his sentencing for the gun convictions.

Justice Akhtar said it was not the time to address bail before stepping out of the courtroom, as the chaotic outburst in the gallery continued.

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A date for sentencing has yet to be set. Simon, who has been in custody since his arrest two years ago, is facing a deportation order upon the completion of his sentence. Court has heard he has no status in Canada.