A Toronto man accused of shooting his ex-girlfriend to death in an underground parking lot three years ago has been found guilty of first-degree murder.
The jury delivered its verdict against Dylon Dowman in a Toronto courtroom Thursday morning — less than one day after beginning deliberations.
On Aug. 18, 2022, 23-year-old Daniella Mallia — who had been romantically involved with Dowman on and off for roughly five years — was walking along a path towards a courtyard at 2265 Jane St., when a man ran up behind her, grabbed her and dragged her into the underground parking garage.
The man took a handgun out of a backpack and pointed it at her as she tried to get away. Jurors heard Mallia’s body was found a short time later by a resident of the townhouse complex who was walking through the parkade.
One issue at trial was whether Dowman was the man seen on video surveillance dragging Mallia into the underground parkade.
Assistant Crown attorney Maureen Pecknold told jurors that over the years, Mallia had grown afraid of Dowman. Just three days before her death, Dowman sent her text messages threatening to kill her, prompting her to call police to ask for a restraining order.
Body-worn camera footage, captured on Aug. 15, 2022, was played in court and showed Mallia standing under a tree outside her Finch Avenue apartment, crying as she told Toronto police officers, Const. Sang Youb Lee and Const. Anson Alfonso, about why she wanted a restraining order.
At first, Alfonso questioned how she knew text messages from a particular email address are Dowman. Mallia responded: “It’s him, that’s his iCloud. I know it’s him because I don’t have other people in my life who pull the bull—t that he does.”
Lee then told Mallia that they’re going to call Dowman to tell him to stop contacting her. They also told her to move on with her life.
“I’m trying, I’m trying,” Mallia said, her voice cracking.
“If he ever shows up here, lock your door, call 911,” the officers caution her before saying they need her statement for investigators to lay charges.
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First-degree murder trial for fatal shooting of ex-girlfriend in Toronto
Mallia asks about making a statement, questioning whether Dowman will definitely be charged if she makes one.
“We don’t know where it’s going — right now it’s in a grey area,” Alfonso said, telling Mallia she was instigating some of the messages.
Lee explains that if investigators decide to lay a charge, they will need a statement. Alfonso tells Mallia they are not investigators and in the end, it’s up to them.
Mallia then asks about a restraining order, which she believes might be the best route to go, and is told she will have to go to the Finch Avenue courthouse to get a peace bond.
When Lee asks what makes her not want to get Dowman charged, Mallia said through tears: “I’m not the type to put a Black man behind bars. I’m not that girl. I don’t want to do this. I never wanted to do this. I only did this because I don’t feel safe. I can’t relax anymore.”
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Clearly upset, she decides in the end not to give a statement. Alfonso tells Mallia her safety is priority No. 1.
“No one deserves to be scared like this, you’re young,” Lee said.
Undated photo of Dylan Dowman and Daniella Mallia are pictured together in this creative image.
The jury heard police called Dowman after leaving Mallia. Lee said Dowman replied that Mallia wasn’t an ex-girlfriend, but rather an acquaintance. Dowman agreed he would no longer contact her.
Later that afternoon, Lee said Dowman sent him an email that said Mallia kept contacting him and lied to police because she was high, claiming he had screenshots of messages.
What the jury did not hear was Alfonso and Lee were charged under the police services act for not taking her complaints seriously enough, despite the fact she made a number of utterances she was fearing for her safety.
Lee pled guilty to one count of neglect of duty and was given a penalty of a one-rank reduction for one year, and was ordered to take additional training. Alfonso’s case is still before the police tribunal.
In the first few days of the trial, two of the 14 jurors were dismissed — one for falling asleep during testimony on the opening day, and the other who asked to be excused because she found the evidence to trigger some pre-existing anxiety issues.
Dowman’s lawyers — Tyler Smith and Mitchell Huberman — urged the jury during their closing statement to reject the Crown’s arguments.
“Murder has to be proven beyond a reasonable doubt. Given the evidence in this case, the only available verdict should be manslaughter. You do not know how Ms. Mallia came to be shot. Was it intended as a warning shot, was it discharged during a struggle? You should have a reasonable doubt about whether the offence is murder or manslaughter,” Smith said.
“Ladies and gentlemen, scrutinize the evidence and examine the facts. Do not be swayed by theories or sympathies. The pieces do not add up. The foundation is weak. We do not know who killed Ms. Mallia. The Crown has failed to prove the high standard of proof beyond a reasonable doubt. Mr. Dowman should be found not guilty.”
First-degree murder carries an automatic life sentence with no chance of parole for 25 years.
