Warning: This story contains details some readers may find disturbing
THUNDER BAY — Family members of Alyssa Turnbull, who had been missing for more than three years until her remains were recovered last week, held framed pictures of her in court as they stared at the two men who helped hide her body.
“The right thing to do was three years ago. You didn’t take that opportunity,” said Alyssa’s father, Kevin Turnbull.
“I went to the actual spot where you left her body,” said Alyssa’s mother, Debra Otway. “Cold and alone for 1,289 days. Cold and alone. I lay in the cold mud in that exact spot and cried a heart wrenching cry only a mother can cry.”
Kevin Turnbull and Debra Otway shared with the court the heartbreak the entire family has felt since her loss during a sentencing hearing for 29-year-old Nicholas Soos and his father, 61-year-old Brian Soos.
Nicholas and Brian Soos both pleaded guilty to one count of committing an indignity to human remains before Justice Elaine Burton in a Thunder Bay courtroom on Friday.
As part of a joint sentencing submission, which Crown attorney Gordon Filmore acknowledged was reached in an effort to locate Alyssa’s remains, the two men were sentenced to time served.
Alyssa was 26 when she was first reported missing on April 14, 2020 and was last seen in the Nipigon area. The last indication that she was alive was through cellphone activity that ceased on March 24, 2020. It is believed she died on or about that day. Her remains would not be found until Oct. 25, 2023 in a remote area of Kaministiquia west of Kakabeka Falls.
According to an agreed statement of facts, Alyssa was in what was described as a ‘short term and troubled’ relationship with a man named Storm Borg. Borg has since passed away in October 2020 and his involvement in the case has not been tested in court.
Borg’s internet search history from March 26, 2020 included searches related to the disposal of a body.
Nicholas and Brian Soos, who had recently started associating with Borg, were led into the basement of Borg’s residence on Duluth Street in Nipigon and shown Alyssa’s body.
Borg said that he had made a big mistake and provided differing accounts relating to the cause of her death, including that she died of an overdose.
It was acknowledged by the Crown that the cause and manner of Alyssa’s death are likely to remain unknown.
Nicholas and Brian Soos helped Borg transport Alyssa’s body to the basement in a residence on Churchill Street in Nipigon.
Over the next two to three days, Borg dismembered Alyssa’s body and placed it in garbage bags and a plastic bin.
On or about April 3, 2020 the three men then placed Alyssa’s remains in the back of a minivan and drove to Thunder Bay. Borg instructed Nicholas Soos to drive west down Dawson Road until turning off down a dirt road and coming to a river.
Borg took the bags with Alyssa’s remains and placed them under an opening in the partially frozen water.
As part of the plea deal, Nicholas Soos led Ontario Provincial Police investigators to the area where Alyssa’s body was taken and last week, her remains were located and positively identified.
Forensic examination uncovered cut marks to the femur bone, indicating she had been dismembered.
It was said in the agreed statement of facts that police believe Borg was involved in Alyssa’s death.
Nicholas Soos and Brian Soos were arrested in the summer of 2022 and charged with committing an indignity to human remains and obstruction of justice.
Family expresses anger, sorrow over loss of Alyssa
The court heard five victim impact statements from members of Alyssa’s family. Kevin Turnbull read several statements to the court on behalf of family members, including Alyssa’s cousin, August Otway.
“[Alyssa] was independent, lovingly tough, and resilient,” she said. “No matter what she went through in life she went through with a smile. She was always there for her family.”
“She was the embodiment of youth, hope, and limitless possibilities that lie ahead for a young person,” said Alyssa’s aunt, Terri Otway. “The manner in which she was murdered and dismembered is an unspeakable horror that has left an incredible scar on our souls.”
Kevin Turnbull also read a statement from Alyssa’s brother, Andrew Otway, who is currently serving a six-year sentence for kidnapping and aggravated assault related to a man he believed had information relating to Alyssa’s disappearance.
“I will never forgive those who did this to my sister and to my family. My family is shattered because of them and I can’t do anything to help them from prison,” Otway’s statement read. “I was happy to hear Alyssa was found but angry that they made a deal for themselves to walk free.”
Kevin Turnbull began his victim impact statement by expressing the rage, hate, disbelief, and sorrow he feels over the loss of his daughter.
“Losing my daughter, knowing she was cold and alone. I’m her dad and I couldn’t save her,” he said. “You guys cut her up into pieces. That’s my baby. I don’t know what to say to you guys. I appreciate the cowardness for taking the deal for your own act.”
Alyssa’s mother, Debra Otway, said she doubts she will ever know what really happened to her daughter and suggested that might be for the best.
She described the past three years as excruciating and exhausting for not knowing where Alyssa was all this time.
“All we knew was she wasn’t with her family at home with us,” she said. “The loss of Alyssa leaves a gaping hole in the world. She should still be here with us.”
Judge 'reluctantly' accepts joint submission
A joint submission for a time served sentence was presented to Burton, with defence counsel for Nicholas Soos, Justin Blanco, acknowledging that it was a unique resolution.
“The objective of this resolution was to give her family closure and some sense of what happened and to return some of the dignity that had been taken away from Ms. Turnbull,” Blanco said.
Filmore said when the missing person investigation began there was hope that Alyssa was still alive, but as the investigation progressed, that likelihood became less and less likely.
Filmore noted that the investigation into Alyssa’s disappearance and death was extensive and included numerous searches around the Nipigon area for years.
It was also conceded by the Crown that if Nicholas Soos had not guided police to the location where Alyssa’s body was taken, her remains likely never would have been found.
“We did not come to this resolution easily. We had numerous discussions. We had discussions with Alyssa’s parents. It was apparent that they wanted her home,” Filmore said.
“The sentence would not seem in any way adequate, but no sentence would. As Kevin said, a few more years here or there would not adequately address what happened. But what they did do was give up their right to a trial and give up their right to remain silent.”
Burton agreed to the joint submission of time served, but said she was doing so with great reluctance, calling it an unfit sentence at face value.
“But there is much more to this. I am satisfied this exceptional sentence is acceptable on the unique facts of this case,” she said. “Most importantly, this proposed sentence finally acknowledges they have accepted responsibility for what they have done. This should have been done a long time ago, but at the end of the day it was done voluntarily.”
Burton became noticeably emotional when speaking about the impact Alyssa’s death has had on the family and community and the torment the family went through waiting so long for answers.
“[Nicholas and Brian Soos] sat on that information for 1,289 days. Despicable isn’t too mild a word for their behaviour,” she said. “The not knowing was absolutely torture for [the family]. I cannot begin to understand what they went through for those 1,289 days.”
And while Burton acknowledged that there is no evidence that Nicholas or Brian Soos had anything to do with Alyssa’s death or dismemberment, their actions were still significant, and no sentence would reflect the enormity of what they have done.
“I don’t think there is a law in the books that can adequately punish you for that,” she said. “Let it be on your conscience for what you have done.”
Both Nicholas and Brian Soos were sentenced to time served, with Nicholas Soos credited with 365 enhanced days of pre-sentence custody.
Brian Soos also pleaded guilty to breaching a release order and was credited with 315 days of enhanced pre-sentence custody.
The two men will also be subject to 18 months probation where they are to have no contact or communication with members of Alyssa’s family.
The counts of obstruction of justice against the two were marked withdrawn.
