At about 5:30 on the morning of Saturday, February 26, 1994, Dr. Stephen Kirby left an after-hours club on St. Joseph Street in downtown Toronto. Just before, he had been involved in a minor confrontation with another man inside the club, Metro police said.
Outside, he was knocked to the ground and kicked in the head, police said. The Globe and Mail reported that he was “viciously attacked about the head.” He was critically injured.
On Tuesday, March 1, the Globe ran a short item on page A12 under the heading “Warrant issued.” It said police had issued a Canada-wide warrant for Rendell Junior Gillette, 21, in connection with an incident in an after-hours club that had sent a man to hospital in critical condition. The paper named the victim as “Steven Kirby, 37.” The item ran in a column of regional bulletins, between a cafe stabbing and the birth of an elephant.
Gillette was arrested on Thursday, March 3, along with Randall Scott Leach, 24, of no fixed address. The Toronto Star later reported that Gillette was arrested at a motel in Oshawa, and called him a “repeat offender.” Gillette was first charged with aggravated assault. Leach faced numerous charges, including being an accessory after the fact.
Kirby died on Saturday, March 5, at St. Michael’s Hospital. The Star reported the next day that Gillette would be charged with murder when he appeared in court on Monday. Police counted it as Metro’s eighth homicide of the year.
Death notices in the Globe and the Star on Monday, March 7, named him Dr. Stephen Patrick Kirby, son of Mary Louise and Dr. John William Kirby, and brother of Michael, Peter, Thomas and Mary Jane. A memorial service was announced for Wednesday, March 9, at a funeral home in Mississauga.
On Friday, September 2, 1994, Gillette, now 22, pleaded guilty to manslaughter in Ontario Court, general division. The Star reported that he had been charged with second-degree murder, and that the plea was to a reduced charge.
Prosecutor Dev Bains and defence lawyer John Rosen filed an agreed statement of fact. The Star described its contents the next day. The paper gave Kirby’s age as 36 and his occupation as general practitioner.
According to the statement, the club was “frequented mostly by homosexuals.” Kirby and Gillette did not know each other. Both had been drinking there and got into an argument. The statement described Kirby as a bisexual who was well known in the club as “an obnoxious drunk who often caused problems for other patrons” and who sometimes had to be asked to leave.
Gillette, whom the Star described as “said to be heterosexual,” had told club security that the argument began when Kirby made a pass at him and grabbed his buttocks. The statement said that when Gillette rejected the advance, Kirby began yelling racial insults, and that this led to a fight when both men left the club at about the same time. Gillette was seen spitting on Kirby after kicking him repeatedly. The statement said Kirby bled to death after being punched and kicked in the head.
Bains and Rosen agreed that Gillette never intended to kill Kirby. They also agreed on how the fight began: the doctor, they wrote, “by his words and conduct, provoked a fight.” Gillette “used excessive force during the ensuing struggle,” they wrote, and so was guilty of manslaughter, the lesser offence. Prosecution and defence put that account before the court together.
Mr. Justice David Watt sentenced Gillette to five years in prison. He also prohibited him for life from possessing guns, ammunition or explosives.
Before sentence was imposed, Gillette apologized to Kirby’s relatives and friends for causing his death and begged them to forgive him. One woman thanked him for his comments.
Vital statistics
| Field | Detail |
|---|---|
| Name | Dr. Stephen Patrick Kirby (called “Steven” in the Globe and Mail, March 1, 1994) |
| Age | 37 (Globe and Mail) or 36 (Toronto Star) |
| Gender | Male |
| Occupation | General practitioner |
| Date of death | March 5, 1994 (assaulted February 26, 1994) |
| Manner of death | Beating; punched and kicked in the head |
| Location | Outside an after-hours club on St. Joseph Street near Yonge Street, Toronto; died at St. Michael’s Hospital |
| Accused | Rendell Junior Gillette, 21 or 22; Randall Scott Leach, 24, charged with numerous offences including accessory after the fact |
| Charge | Second-degree murder, reduced to manslaughter |
| Defence counsel | John Rosen |
| Crown counsel | Dev Bains |
| Judge | Mr. Justice David Watt |
| Verdict | Pleaded guilty to manslaughter, September 2, 1994 |
| Sentence | 5 years; lifetime prohibition on guns, ammunition and explosives (reported September 3, 1994) |
Sources
- The Globe and Mail, March 1, 1994, p. A12
- Toronto Star, March 6, 1994, p. A12
- The Globe and Mail, March 7, 1994, p. A12 (death notice)
- Toronto Star, March 7, 1994, p. C7 (death notice)
- Toronto Star, September 3, 1994, p. A4
Murder Village Map
Stephen was my friend. And he was an angel to me and many of my friends. Purely, by being himself, he made many feel loved and cared for. It was simple..it was love. It has been 37 years since we lost Stephen. The magnitude of losing him is not diminished…he was beautiful.
The “suspect” was older than me and went to the same high school in Uxbridge in the 90’s. I remember some of the teachers being shocked upon hearing the news. Sorry to hear about your loss.
Dr. Kirby was my physician when I was a student at St. Michael’s College, University of Toronto. A lot of us went to see him. I always found him to be very kind. He would save samples of medicines for students who didn’t have money for meds while at university. We had a special mass for him at the College when he died and everyone spoke of how kind he was. He treated a lot of AIDS patients too in the days when not many would. So a good person was taken from the world and I don’t feel this article accurately reflects who he was at all.
Thank you for your kind remembrance of Dr. Kirby. The articles here can never fully reflect the fullness of a victim’s life. But your comment shines a light, and it means a lot coming from someone who knew him. Again, thank you.
Dr Kirby was my MD just prior to his death when he practiced in St. Catharines although many years ago, i still recall his kindness and sincereity a horrendous crime.
Thank you for your words and thoughts on Dr. Kirby. You are right, it was a horrendous crime.
Stephen was a dear friend of mine for many years. We moved to Toronto together in 1991 shortly after our trip to England. We spent a month in London seee his family, visiting the Tower of London, The River Thames and many of the disco bars and pubs. Stephen was a generous man. I remember him funding the tuition for a waiter in the Keg in Stcatharines. He wanted to be a Dr Stephen paid his first four yrs of tuition.
Stephen could be boisterous and loud at times but it was all a front. He was kind caring and exceptionally intelligent man. He lived life to the fullest, with expensive cars clothes and furs.
I miss you buddy.
Xo
He sounds like a great guy. Sorry for your loss.
Dr Kirby was an amazing doctor and person! As his patient in St Catharines, I always found him to be very kind and genuinely interested in the person, not just the patient. He always spent the first few minutes of your visit asking about you and your life before asking why you were there. I was shocked and saddened by the news of his violent end. So unfair for a man who always cared about others first.
Dr Kirby was my Dr at Bay and Wellesley.
He would also start the appointment by asking me “what do you think it is?” when I would present an ailment. Thinking back it was to garner insight and background to us as patients . I also remember him always wearing a suit, which showed great respect for his position.
What a rare kind and attentive physician. What a tragedy.