robin timothy gillman › deadmonton 2007 › deadmonton › edmonton

Robin Timothy Gillman, 29, was found dead of a broken neck August 6th, 2007.

Gillman was Edmonton's twentieth homicide victim of the year.

Due to circumstances leading up to Gillman's death, police it considered to be non-culpable and no charges were laid.

a non-culpable homicide | family reaction

A late-night fight between four brothers resulted in one of them being found dead, lying in a wooded ravine 30 feet below the Kinnaird Bridge.

The 82nd Street structure spans the Kinnaird ravine a half-block south of 112th Avenue.

Authorities were called to the scene at about 12:30 p.m. August 6th, 2007. Police blocked off the area with yellow tape where the man was found. Police were seen taking away several bicycles.

Homicide detective Bill Clark addressed the media.

"From our information there were four brothers living under the bridge."

"There appears to have been a fight last night between two of the brothers. The other brothers thought that this guy was just moping and lying down and didn't worry about him. And this morning they find out he's deceased."

"They thought he lost the fight so they just left him there. One of the brothers reported it as soon as they found out he was not moving and showed no signs of life."

It was first believed the victim was in his mid-30s. Det. Clark did not describe the man's injuries and said police didn't know if alcohol and drugs were involved in the incident.

All three brothers were interviewed at police headquarters and later released.

"My understanding is they have been co-operative and they are quite upset," Clark said.

Police didn't class the death as a homicide until the medical examiner determined whether the fight or other factors caused the man's fatal injuries. The man's body was removed at about 4:15 p.m. later in the day.

David Kay, a full-time construction worker, was biking home to his own tent in the ravine when he was told of the man's death.

"I didn't think that kind of stuff would happen around here – especially underneath a bridge."

"That's too bad. I hate to see that kind of stuff happen to anybody."

Kay told the Edmonton Journal he spoke to a group of four men from Newfoundland Sunday night. The four had been living beneath the bridge under tarps for the past week. He warned them at about 9:30 p.m. not to make a mess or use drugs in the area or he would report them to park rangers. The men had been drinking, Kay said.

Kay, along with five of his friends who also work full-time, has lived for several months in one of the growing number of tents recently seen dotting the ravine just west of the bridge.

The Edmonton Sun interviewed Tim Leddy, an area resident, who told them the ravine is full of homeless campers.

"You always see them coming in and out of here. We used to walk down there in the winter, but we don't dare go through there now. It's scary."

On August 7th, 2007 a police spokesman added a few more details to the case.

Homicide detectives now believe a simple wrestling match at the concrete base of the bridge preceeded the man's death. Beside the bridge support was a steep embankment that lead into the heavily wooded ravine.

"The pair of them rolled down the hill and that's where it ended. The one got up and the other didn't," said the spokesman. "It's not as though punches were being thrown."

When the three younger brothers woke up they tried to rouse their eldest brother. They noticed he hadn't moved since the night before when one covered him with a blanket and he wasn't breathing.

The police spokesman said all four brothers were Edmonton residents who were just "between living accommodations." They had planned to stay in the ravine for only a few days and planned to move into a house.

"This was very temporary. They'd only been under the bridge for a couple of days," the spokesman said.

On August 9th, 2007 police announced that no charges would be laid in connection with the death of 29-year-old Robin Timothy Gillman.

An autopsy revealed Gillman died from a broken neck, and that due to "circumstances leading up to the death, it is considered to be non-culpable and no charges will be laid."

A police spokesman explained a "non-culpable" homicide is one that isn't a crime.

Police suspect the two brothers had been drinking at the time and figure Gillman was injured when the pair tumbled down a steep hill.

Since aside from Gillman's brothers there were no witnesses, police couldn't be sure of exactly what happened.

The Journal contacted their go-to University of Alberta criminologist, Bill Pitt, who said one reason charges wouldn't be laid is that police couldn't prove Gillman's brother set out to kill him.

"They have to prove intent," Pitt said. "Although it is a homicide, we are talking about something that isn't provable."

Brian Hurley, president of the Criminal Trial Lawyers Association, said Gillman's brother probably would have faced manslaughter charges if police believed he wasn't acting in self-defence, even if both were fighting by choice.

The most recent incident of police closing a homicide file without laying charges occured in December 2006.

The case involved the stabbing death of 44-year-old John Paul Jones on July 6th, 2006.

Police said Jones initiated an unprovoked assault on his common-law wife. Her 18-year-old daughter attempted to intervene and was also assaulted.

The 18-year-old went to the kitchen where she grabbed a knife and returned to where the assault on her mother was still taking place. A struggle ensued that resulted in a stab wound to the man’s neck. Jones later died in hospital.

Homicide investigators, in consultation with the Crown Prosecutor’s Office, decided that criminal charges against the 18-year old woman were not warranted.

With the identity of Robin Timothy Gillman having been made public, both the Journal and Sun newspapers contacted the man's family in eastern Canada.

What emerged was a portrait of a family divided by divorce and the distance a country the size of Canada provides.

When advised by police and media of Robin's death and the circumstances surrounding his demise, most relatives were shocked to learn he and his brothers had been living under a bridge.

Robin Gillman's parents had moved west to Edmonton from Ontario more than 20 years ago. Shortly after Robin was born, his parents Robin Sr. and Marilyn packed their young family and belongings in a trailer and moved to Alberta's capital city.

Most of the family in Prince Edward Island hadn't seen Robin, whom they knew as "Timmy," since he was young.

Since Robin's family divorced, grandfather Don Gillman said he's had minimal contact with his grandchildren.

A few years after the family had moved west, Don came to visit and affectionately remembers buying Robin his first bike. He never saw his grandson since.

"I had no idea those boys were homeless," Don said his after learning of Robin's death through the media. "My good God, they can't live under a bridge."

He had been in touch with the four brothers' father, Robby, but even he had disappeared in recent years.

"It's just not like Robby to do that," said Don. Family members had been worried something may have happened to Robby, who always called on special occasions. Five years ago the phone calls stopped.

"We haven't heard a word," Don said. "The phone was disconnected and there was no forwarding number."

Don was unable to get in touch with his son's family and only assumed they were still in Edmonton. Nearly a week after Robin's death, and despite contacting police and social services, Don still didn't know where his other three grandsons were.

"We're not feeling the best today," he said. "We'd dearly love to get in touch with Robbie, their father."

Gillman's aunt Cheryl said, "I didn't even know they were homeless." She became aware of the situation only after being contacted by police.

deadmonton 2007 - robin timothy gillman