|Mahilal Moses under arrest|
A man defending himself against an intruder was charged with aggravated assault and faces up to 14 years in prison.
Mahilal Moses and his girlfriend, Sarah Walsh, knew something was wrong upon entering the house of her mother just after 3 am and found the side door broken open.
They became even more alarmed to see a large pair of black Air Jordans, at the bottom of the stairs leading to the second floor, where her mother, Kimberly Walsh, was asleep.
Mahilal, 26, went straight to the kitchen, grabbed a large knife and ran upstairs, where he confronted the intruder hiding behind the door of the room of Kimberly Walsh.
Within minutes, the wounded intruder, Kino Johnson, 33, was gone, and hours later Mahilal, was arrested and charged with aggravated assault.
The case highlights the much debated issue of how much force is too much when a stranger tries to steal your property or breaks into your home.
Johnson has already admitted that he was illegally inside the luxury home near Keele St. and Eglinton Ave. W. and pleaded guilty in Ontario Superior Court to breaking and entering and two counts of possession of stolen property, including jewelry he took after he broke into a vacant Finch Avenue. W. high rise apartment.
Johnson "entred by unknown means" into Walsh's residence, and once inside, "one of the victims armed himself for safety," said Crown attorney David Fisher, reading an agreed statement of facts.
A "struggle ensued," and Johnson received a stab wound to the chest and lacerations to the hand and leg, said Fisher.
The lawyer for Johnson, Jason Forget, told the court that his client almost died from his injuries.
A person convicted of aggravated assault is punishable by imprisonment up to 14 years.