Twice-Convicted Father Seeks Parole After Nearly 12 Years in Prison for Son’s Murder
Joel Roberto, who has now been convicted twice for the 2014 murder of his four-year-old son Jaelin Colley, is seeking early parole eligibility after serving nearly 12 years in prison. Roberto and his former partner Ravyn Colley were both found guilty of second-degree murder in a retrial this spring, following an earlier 2017 conviction that was overturned on appeal.
A Child’s Tragic Final Hours
On October 13, 2014, first responders were called to a North York townhouse where they found Jaelin’s body already in rigor mortis. The forensic examination revealed the emaciated child weighed only 27 pounds, with his heart muscles beginning to atrophy from malnutrition. His body bore bruises and cuts from “multiple impacts against a solid surface,” with fatal injuries consisting of blunt force trauma to his head and aspiration vomiting.
Perhaps most disturbingly, rather than seeking immediate medical help as Jaelin lay dying with his eyes swollen shut and fresh facial bruising, his parents recorded a cell phone video of him. They then waited an additional 51 minutes before Roberto, then 27, finally called 911.
The Path to Retrial
The couple’s initial 2017 trial resulted in Colley being convicted of first-degree murder and Roberto of second-degree murder. However, an appeals court ordered a new trial based on intemperate comments made by the presiding judge. This spring, a second jury convicted both defendants of second-degree felony murder, which carries an automatic life sentence with no possibility of parole for at least 10 years.
Parole Eligibility Dispute
Defense attorneys Katie Scott and Simona Petti have urged Chief Justice John McMahon to set Roberto’s parole period at 15 years, while requesting a three-year and two-month reduction due to harsh conditions at the Toronto East detention center. With Roberto having already served 11 years and eight months since his arrest, such a ruling would make him nearly immediately eligible to apply for early release.
Assistant Crown attorney Leanna Guzzo has countered that Roberto should serve 18 years before parole eligibility—matching his original sentence. Both sides acknowledge that while Colley was the primary aggressor who delivered the fatal blunt force trauma, Roberto failed to intervene or seek help for his son.
Judicial Reaction and Sentencing
Chief Justice McMahon expressed strong condemnation of Roberto’s inaction, stating, “The video says it all. When you see a child like that and do nothing? That’s extremely annoying.” The judge noted the particularly egregious nature of the crime, with both parents present as Jaelin died, filming him rather than seeking help.
When given the opportunity to speak, Roberto offered only: “I wake up every day knowing that I can see the sun but my son can’t, and I go to bed knowing he won’t get up. I’ll carry that with me for the rest of my life.”
Roberto’s sentencing is scheduled for next week, while Colley’s hearing has been postponed until fall as her lawyers seek an expanded pre-sentence report.
