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Narrator / True Crime Storyteller
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- [01:02]
Narrator / Host
welcome to Canadian True Crime, a completely independent project funded mainly through advertising. To listen ad free and early, subscribe to our premium feed on Amazon Music Included with Prime, Apple Podcasts and Patreon. This podcast often has disturbing content and course language. It's not for everyone. Please take care when listening.
- [01:22]
Narrator / True Crime Storyteller
Hi there, I hope you're well. Today is the last episode before the summer slowdown and I'm bringing you one of the most heartbreaking and senseless cases we've ever covered. This is a crime that devastated a lovely family and terrified their community. And it might never have been solved at all if it wasn't for the work of some quick thinking forensic investigators. We often hear about the detectives who lead the investigation, the Crown Prosecutors who present the evidence, and the defence lawyers who challenge it in court. But there's painstaking work happening behind the scenes that can often be overlooked. The crime scene investigators who photograph, document and collect fragile evidence before it can be lost or contaminated. The forensic analysts who compare fingerprints in minute detail. The scientists who analyse tiny traces of physical and biological material. The pathologists who speak for those who can no longer speak for themselves. In today's case, the forensic work didn't just support the investigation, it was central to everything that followed. An additional content warning before we begin, this episode includes graphic details that may be difficult to hear. Please take care while listening and if you know anyone connected to this case, please respect their privacy. It's after 9pm on Friday, May 25th of 2018 and Gerald Aquinty is almost finished work. He's the co owner and chef of Tununo, a popular Filipino restaurant in Toronto's St. Jamestown neighbourhood near Sherborne Station. Typically, Gerald closes the restaurant and goes straight home to his family, but tonight he's headed to the grand opening of his cousin's restaurant. He calls his wife of 14 years to check in before he leaves. Her name is Ruddery Estrada. Her loved ones call her Derry. She's at home in East York with their three daughters, just a couple of kilometres away from the restaurant. When Gerald calls, she's folding laundry in the living room watching her Korean soap opera. Their daughters are getting ready for bed. He reminds his wife that he's going to be out late. He likely won't get home until after midnight and he'll call her when he arrives. It's part of their little safety routine for nights like this. The front door has two internal locks that can only be opened from the inside. Rari will make sure they're both locked when she goes to bed and she'll leave her cell phone on the bedside table. When Gerald gets home, he'll call and wake her up to come down and let him in the house. It's just a little extra protection for peace of mind. At night, when Radhri and the girls are home asleep by themselves, the couple says goodnight to each other and Gerald heads over to his cousin's restaurant. He's technically not just a guest at the grand opening, he's there to help. Gerald Aquinty is well respected in the local Filipino business community and he's bringing knowledge from building his own restaurant to help family members have a successful opening at theirs. After all, he had that same help when he opened to Nuno from his wife's family. Ratary Estrada's family moved to Toronto from the Philippines in the early 1980s when she and her siblings were young. They opened a small variety store and bakery in the district known as Little Manila around Bathurst and Wilson, which put them on the map as a pioneering Filipino immigrant family. The Filipino community is close knit a belief at the heart of their culture is the idea that your responsibility extends beyond yourself and that caring for others is an integral part of who you are. The Tagalog word for it is kapwa. Shared identity, not individualism, but connection to others. Ratary Estrada embodied kapua in every aspect of her life. She was known as a natural caregiver, a nurturer, deeply compassionate. She became a registered nurse and began working at St. Joseph's Health Centre in the dialysis unit. Ratary became a favourite among her patients and colleagues alike, known for her positivity and her calm, welcoming approach, even in high stress situations. She would end up being promoted to leader of the dialysis unit. She met Geralda Quinte when she was in college. He had also immigrated from the Philippines and he was drawn to her strength and her sense of direction, the way she knew exactly what she wanted from life. They built that life together. Their wedding was a joyful celebration, surrounded by family and friends. And in the years that followed, they had three daughters and settled into a neat two story home in East York. It quickly became a gathering place. Ruddery and Gerald loved hosting holiday family dinners or backyard barbecues to welcome other immigrant families to a new country. Kapua in Action Gerald had always dreamed of opening a restaurant of his own to help share Filipino culture with Toronto. In 2015, that dream became a reality when he and a business partner transformed an old laundromat not far from their home into a small Filipino grocery and takeout spot. He had Rattery's full support and the help and knowledge of her family. They named the restaurant Tnuno, a Tagalog word meaning to cook by extreme heat under a grill or over a hot fire. It quickly grew into something special. Known for its warm, intimate atmosphere and authentic food. Tinuno became especially popular for Khmean meals, Filipino feasts of grilled seafood, meats, vegetables and garlic rice eaten with your hands and shared among friends and family. Running a restaurant meant that Gerald was home in the mornings to help get their girls ready for school. But of course he worked late into the evenings, so Rotary worked the early shift at hospital to make sure she's finished in time to pick the kids up from school. She's a deeply devoted mother, taking her daughters to swimming lessons, piano practice and making sure they're supported in every way. That spring of 2018 is a busy time for the family. In just a few days, Gerald and Ruddery will be celebrating the confirmation of their middle daughter who's 12 years old. The following month will be their eldest daughter's graduation. She's 14. They're also having their basement renovated. It's a dug up, dusty mess of construction down there, but it will be converted into an entertainment area. When Gerald arrives home. It's about 2am on Saturday, May 26th of 2018. He expects to see a dark house, but all the lights are on. That's odd. Maybe Ruddery is up for some reason. He tries the front door, but it's double locked. Gerald calls his wife's cell phone to let her know he's waiting outside. He can't get into the home himself. Radhari has to come down, unlock the deadbolt and the extra safety latch to let him in. The phone rings out. She doesn't pick up. He tries calling a second time. Again. No answer. Ruddery is typically a very light sleeper. The phone should have woken her up. What Jirol doesn't know is that her phone is not even in the house. He tries the front doorbell. Nothing. Something is wrong. He's suddenly hit with a feeling of panic. He runs around to the side door. It should be locked, but it isn't. He enters the house and turns to the stairs that lead up to the main level. The internal door leading into the kitchen has been kicked in and broken off its hinges completely. Gerald freaks out. He immediately runs upstairs to the second level to check on his family. Their two eldest daughters are unharmed. So is their youngest daughter. But what about Ruddery? He runs into the primary bedroom. The scene hits him with a wave of shock. His wife is lying on her back on the bed. Her head is propped up against a pillow. There's a large red stain behind it. Rattery is not moving. Her face is swollen and unrecognisable. Gerald immediately calls 911. Their eldest daughter had woken up to the bang of her father frantically opening their doors. And the 14 year old was listening as he made his panicked call to 911. My wife is dead. Her teeth are falling out. She's been raped. Gerald hears a sob from his daughter's bedroom. He cries out to them not to come in to stay in their rooms. His eldest daughter is too scared to move anyway. The 911 operator instructs him to begin CPR on his wife until the first responders arrive. Ratari's mouth is full of broken teeth. He clears them out and tries to pinch her nose to get a seal. But he can't. It's broken. Her jaw is clearly broken too. It's a nightmare. Suddenly their eldest daughter hears the first responders arrive and she yells at the top of her lungs to come upstairs. The paramedics see that Rhodori has a lot of trauma to her head. There's a penetrating injury with exposed brain matter. One of the paramedics gets a doctor on the phone and explains Rattery's injuries. They sound so severe that the doctor asks if she's been in a car crash. No, says the paramedic. I'm in her bedroom. Ratary Estrada is pronounced dead at the scene, age 41, she's been viciously murdered. A homicide investigation is launched. The investigators are Detective Sergeant Mike Carboni and Detective Stephen Matthews with Toronto Police Homicide. They go upstairs to the second level of the home and as they enter the primary bedroom, they see a large white comforter covering a window with several large bloodstains on it. Then they see the bed. Ruddery is naked below the waist with her legs spread out. Her underwear is still around, one leg pulled below the knee. One of the detectives would later tell reporter Catherine McDonald for Global News that the scene immediately struck him as indicative of a possible sexual component. One of Rardery's arms hangs over the edge of the bed from underneath a blanket covering her torso. The pillow behind Rattery's head is saturated with blood. There's a significant amount of blood spatter across the back of the headboard, the side tables, the cabinet beside the bed, on Radhry's purse next to the bed and on the walls. The bedroom is in a state of disarray with clothes and items strewn around. But that's not how it usually looks. Investigators learned that Ruddery was known to be a neat freak. The room had been ransacked. At the foot of the bed they find a 17 inch long metal bar or chisel type instrument. It's thick, weighing about five pounds and it's rusty. It's got indications of blood on it. Investigators would ask the construction workers renovating the basement if the chisel might have belonged to them, and they said absolutely not. It appeared it had been brought into the house not just as a break and enter tool, but a weapon. During this time, Geralda Quinty is told that because of the nature of his call to 911, Children's Aid Society had to be informed and he'll have to remain apart from his three daughters until police clear him of any involvement. There's a reason for this. Statistics Canada reports that although most homicide victims are male, when it comes to solved cases involving female victims, about two thirds are killed by an intimate partner or family member. Gerald has a solid alibi and he would provide DNA and other samples that would eliminate him forensically as well. Investigators also learn that the main level of the home has been messed up just like the primary bedroom. While the basement renovation was happening, the family was storing some boxes and other items on the main floor. But everything was always neat and tidy. Not like this. There's a laptop missing from the main level. Rattery's wallet and nurse ID are also missing and so is her cell phone, along with another one belonging to their eldest daughter. That phone had been beside the 14 year old's bed. The offender had gone into her room and taken it when she was asleep. The eldest daughter would recall sitting in a break room at the police station with her two younger sisters. After they were interviewed, they're desperate to see their father to find out what has happened to their mother. The separation is agonising. Finally, they reunited. Their eldest daughter asks her father, where's Mummy? She would recall seeing brief hesitation and then pain cross his face. Mummy's gone. Forensic identification services arrived to process the scene. Detective Constables Simon Hubbard, John Smith and John Smithson with the Toronto Police. They survey the house's exterior. Looking down the narrow laneway on one side of the home, they see some discarded window screens. One of them clearly comes from the basement window. It's completely open. We'll get to the other screen in a second. A close inspection of the ground around the house shows up some scattered loose change and what looks to be blood stains. The officers enter the same side door that Gerald used to enter the home. It's an entry to a split level and there's a half set of stairs leading down to the basement which they can see has been dug up with broken gravel and dust everywhere. The other set of stairs leads up to the main floor where the internal door has been taken off its hinges. They see a series of dusty footprints on the hardwood leading from the basement, up the stairs to the main floor kitchen and dining area and then up the stairs to the second floor where the bedrooms are. There's dozens of them. The forensic identification officers carefully inspect the doorways and windows of the home. Of particular interest is a kitchen window located along the side of the home towards the rear. The bottom sliding part of that window is open and the screen has been removed and discarded on the laneway. This is that second screen. From inside the kitchen, they find a partial thumbprint on the upper corner of the sliding window part. It's in an unusual position, pointing on a slight angle in an upward position from outside in the laneway. That window is actually above head height. The evidence suggests that the intruder removed the screen from the outside, slid open the lower part of the window, gripped the inside of the frame and lifted themselves up, perhaps to peer inside the house before entering via the lower basement window. Gerald says that the basement window itself had been left partially open for some ventilation during all the dusty construction. During this time, the internal door leading into the kitchen had been locked. That's the one that was broken off its hinges. That Partial thumbprint is rushed to the Automated Fingerprint Identification System section, or aphis, for rapid comparison to fingerprints already in the database. By the end of the day. Investigators had developed a theory that at some point between 10pm, when Raderi likely went to bed, and around two in the morning when Gerald arrived home, an unknown person had come to the house, looked inside the kitchen window and then entered from the basement window. They broke the locked internal door leading into the kitchen off its hinges and left dusty footprints up the next set of stairs to the bedrooms where Ruddery Estrada was attacked and murdered. But who would do this? And why? Rattery didn't have any enemies. Everyone seemed to love her. At that time, police had no suspects. There was more work to be done. As the rest of the evidence from the scene is gathered and sent for further examination and processing, investigators start looking beyond the home. They're hoping to locate surveillance footage that might have captured any movement in the neighbourhood during the timeframe of the homicide. They get very lucky. A grocery store just around the corner from the home has captured footage of two males passing the store at about 1:46am that's about 15 minutes before Gerald returned home. One of the males is walking, the other is riding a bike next to him, and they're headed in the direction away from the home. There's not a heap of activity in the area at that time of night, so the footage stands out. Ruddery's family doesn't recognise either of the two men, but it fits the time frame. They just have to wait for more information. The autopsy is conducted that day. Radhri suffered a minimum of eight blows to her head, breaking every single bone in her face. Her right eye had been ruptured and there's multiple other lacerations and contusions. The injuries she sustained suggests the use of an elongated heavy object, like the rusty metal bar or chisel, found at the end of the bed. The coroner forms the opinion that Ruddery's death would not have been immediate. Each of the blows occurred while she still had a heartbeat and she aspirated or inhaled blood, which means she was breathing. There's a number of injuries to her right hand, an 11cm contusion or bruise, a number of abrasions, scrapes and scratches, and one small laceration or cut. The coroner notes they could be considered defensive in nature. Roderia strada likely fought for her life, but she didn't have a chance. The cause of her death is multiple and massive traumas to her head. Swabs are taken from various places, including Rattery's fingernails, mouth and intimate areas and rushed to the Centre of Forensic Sciences for a DNA analysis. Preliminary results are expected back in a few days, but investigators have just received some other news that will keep them busy until then. APHIS had produced a hit on that thumbprint. Someone already in the database.
- [24:10]
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- [24:44]
Narrator / Host
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- [25:14]
Narrator / True Crime Storyteller
The thumb belongs to a man named Jostin Murillo. The fact that the thumbprint hit on APHIS has come back so quickly gives investigators a big advantage. Josten Murillo is of no fixed address and he's been staying in a homeless shelter located literally just around the corner from the home where Ruddery's body was discovered. Josten Murillo is 22 years old, but he already has a long criminal record and a history of instability that begins in childhood. Born in Costa Rica, Jostin Murillo spends much of his early years in the primary care of his grandmother. After his mother moved to Canada to work, she sends for his older sister and younger half sister to join her, but not Jostin. Shortly after they arrive, his older sister dies by suicide, leaving the family reeling. Josten Murillo's mother sends for him next. By this point, he's 11, and as a judge would later describe it, Jostin experiences a traumatic childhood after he arrives in Canada. His mother abuses alcohol and subjects him to physical, verbal and emotional abuse, at times leaving him injured. He responds by lashing out at kids at school and getting into fights, which escalates the conflict at home. At 13, he contacts child Protection Services himself and is removed from his mother's care. From that Point on. Josten Murillo moves through foster care, group homes and periods of homelessness. He develops substance use issues and experiences significant mental health concerns. His first convictions are as a young offender in relation to breaking and entering a dwelling house and possession, among other offences, according to a court document. During this time, he also unlawfully escapes incarceration. After that, there's repeated convictions for break and enters, property offences, theft and breaching conditions. His criminal activity catches the attention of immigration authorities because he's a permanent resident, not a citizen. In 2015, when Murillo is about 20, a judge issues a deportation order back to Costa Rica. He launches an appeal which allows him to stay in Canada until the matter can be dealt with. Josten Murillo knows his immigration status is at risk, yet he continues to offend. His relationships are unstable and police are repeatedly called to incidents involving conflict through threats or violence. He's regularly engaging in hazardous use of alcohol and drugs and he's admitted to hospital after attempting suicide. In November of 2017, he's charged with robbery and convicted of uttering threats. Around this time, Josten Murillo's girlfriend gives birth to his child and they break up shortly afterwards. Child Protective Services place the child with the maternal grandparents. By this point, it has been more than two years since his deportation order and he continues to offend while he waits on the appeal. March of 2018 is marked by a series of overlapping and escalating incidents. This is just two months before he breaks into Rotary, Estrada's home. During that month, Murillo is hospitalised after ingesting toxic amounts of medication and alcohol in what he describes as another suicide attempt. He allegedly assaults multiple people in separate incidents in downtown Toronto, including striking a security guard with a wrench and later attacking a woman with a crowbar, causing serious injuries. He's arrested later that day and charged with 10 offences, including aggravated assault and assault with a weapon. Just days after his arrest, he's released on his own recognizance, a form of bail, which means he had to promise to comply with the condition he not possess any weapons and if he breached it, he would face a fine, which was set at $5500. Given his history of not complying with anything, this decision to release him is a baffling one. A week later, Josten Murillo is convicted of previous charges related to resisting arrest and breaching bail conditions. He sentenced to 30 days in prison, followed by 12 months probation. In total, Josten Murillo has been convicted of at least a dozen criminal offences in Canada at this point. But it's hard to keep track. About half are related to breaking and entering, theft and lashing out violently. The other half are the result of breaching orders, peace bonds or release conditions. And just a month after his 30 day sentence is ends, his thumbprint is found on a window frame of the home where Rotary Estrada was viciously murdered. But he's also just been re arrested in relation to his other outstanding charges. Investigators go to the Toronto South Detention Centre to speak to the 22 year old. He doesn't give them anything and makes no admissions in relation to the homicide of Rotary Estrada. Because everything has unfolded so rapidly, investigators are able to locate several important items still in his possession. Among a series of items that appear to be stolen, he has two cell phones and a laptop that match the description of the missing items from the home. The investigators call the cell phone numbers of Rotary Estrada and their eldest daughter. Both phones ring and Ruddery's phone appears to have a blood stain on it. Investigators also recover a garment bag with items including a pair of black and grey shoes and distinctive black track pants with white stripes on the outside of the leg. These are consistent with the pants worn by the male walking past the grocery store in the hours after the homicide. And there's some stains on those pants. Josten Murillo is charged with first degree murder. As investigators focus on identifying the other male on the bike next to him. Investigators obtain surveillance footage from the lobby of the homeless shelter where Josten Murillo has been staying. This shelter also happens to be right next to the grocery store that captured him in the hours after the homicide, walking past with the other male on a bike. This new footage is from earlier that evening in the hours before the homicide. And it shows Josten Murillo entering the homeless shelter with the same male and they're also wearing the same clothes. There's more footage from a local fast food outlet. It captures Jostin Murillo still wearing those track pants. And he can be seen meeting a young woman who was later identified as his girlfriend and giving her something. This is less than 24 hours after Rotary Estrada was murdered. Then the preliminary DNA analysis comes back from the Centre of Forensic Sciences. Based on the swabs taken during the autopsy, the results are first compared to Rottery herself and to her husband Gerald. For elimination. Blood is found under Rottery's fingernails. But the DNA belongs only to her. One finding stands out. A DNA profile has been developed from a swab taken from Rottery's external genitalia. It shows an unknown person who is neither Rottery nor Gerald. There is no confirmed evidence of semen or sperm cells and the profile is not clean enough to upload to the National DNA Data bank for comparison, but it is strong enough to compare to suspects, that is if they obtain their DNA. Investigators need to locate and speak with Josten Murillo's girlfriend to see if she will give them any information that could help the investigation. At this point, police hold a press conference to launch a public appeal announcing that Rotary estrada is the 33rd person killed in Toronto that year. That on Friday night between the hours of about 10pm and 2am an unknown person entered her family home via a side window and subsequently caused her death. Investigators call for any witnesses to come forward if they have information or reports of suspicious sightings in the area. The detail that the police have already arrested and charged one suspect is held back for strategic reasons. Unfortunately, the cumulative effect of this news release results in in terror. In both their local neighbourhood and surrounding areas and the local Filipino Canadian community, everyone was reeling in shock. Ratary was known to be a calm, sweet person who everyone loved, and her husband Gerald was a highly respected local businessman. It just seemed unfathomable, the idea of someone breaking in through a side window while a mother and her three children slept inside, then killing that mother was horrifying enough. The thought of that person still being at large was nothing short of terrifying. Gerald posted to social media thank you all for your prayers and support. The children and I are okay. Please continue to pray for my wife's family and my children. We will update you soon for my wife's service. Rattery Estrada was laid to rest on June 2, 2018. Her online obituary page filled with messages from people who loved her, worked with her, lived near her, or had simply been shaken by what happened. Those who knew her recalled her warm, kind and deeply caring personality. Ruddery had a smile that people did not forget. Her co workers spoke about the compassion and calm she brought to her work as a nurse. Others wrote about her devotion to Gerald and their three daughters and how impossible it felt to make sense of such a sudden, violent loss. What came through most was that Ruddery had touched a lot of lives and the people who knew her were devastated she was gone. The next day was the confirmation ceremony for her and Gerald's second eldest daughter. The family had been planning it for months, never once imagining that their beloved Rotary would not be there to celebrate with them. Somehow, Gerald and the girls found the strength to attend and tried their best to smile for the photos. That evening, Detective Sergeant Mike Carboni of the Toronto Police announced publicly that they'd made an arrest and named Josten Murillo. There was an appeal to the public for anyone who has had contact with Murillo, either before or after the homicide to contact the police. Investigators kept a lot of details hidden at this stage as hold back evidence that only the killer or killers would know, including what they believed happened and how Rotary Estrada was murdered. All that could be released publicly at that time was that they had an idea of the possible motive and a word of reassurance to the public that there was no need to be concerned about their safety. Behind the scenes, investigators were of course, still looking for a second suspect, the man seen with Josten Murillo. In that surveillance footage, The police successfully track down Josten Murillo's girlfriend. They learn that at that meeting at the fast food restaurant, he gave her a stolen purse that appears to be unrelated to the homicide. She also gives them a name, the person he always does break and enters with. She says his name is David Beeck. Investigators then locate David Beeck, who appears to be the person on the bike seen with Jostin Murillo on surveillance footage both before and after the homicide. He's 23 years old. Unlike Jostin Murillo, David Beeck has no criminal record. But according to a news article from the three years earlier, he was reported as a missing person with concern about his well being. Evidently, he was located. David Beek tells investigators he was born in South Korea, but moved to Canada with his family when he was four years old. He has two younger siblings and his family lives in Toronto. But he's been living in the shelter system after being kicked out of home by his father. When asked why, he mentions drugs and describes an incident where his father accused him of holding a knife and poking or assaulting him with it. He says he spent two days in jail for that. It appears he was released without charges. David Beake remained unhoused after that. He stayed at a few different places before ending up at the same shelter where he met Jostin Murillo, just around the corner from the home where Rotary Estrada was murdered. He says they've known each other for about five months by this point and they're friends. They like to party together. But David Beek denies any knowledge or involvement in the homicide. He doesn't know he's already been captured on surveillance with Murillo both before and after. Investigators operate on a hunch that David Beek might just be A match to that unknown DNA profile found on a swab from Rottery's external genitalia. They decide to get his DNA through discard samples, meaning items he had used and thrown away. Those items could then be tested for his DNA and compared against the DNA found on the swabs taken during Rottery's autopsy. So the police scoop up David Beek's used soda can and cigarette butt and send them off to the Centre for Forensic Sciences. The results are back in a few days. The preliminary report concludes that the source of the male DNA found on the cigarette butt and soda can cannot be excluded as the source of the unknown DNA DNA profile taken from Rottery's external genitalia swab. Forensics experts know what this means. But for us laypeople, the careful scientific language used isn't very satisfying. That's because DNA evidence is based on statistical probability, not absolute certainty. So they cannot say the words conclusive match. They can only comment on whether the person of interest can or cannot be excluded as the source. In layman's terms, this was about as close to a scientific match as they can get. The DNA found on David Beak's soda can and cigarette was consistent with the DNA found on Rottery's external genitalia. It was found to be a million times more likely that this time DNA belonged to David Beek than someone unrelated to him. These results also raise the possibility of David Beek's involvement in sexual contact or a sexual assault. He's arrested and charged with first degree murder that same day. By this point, it is June 8, 10 days since the homicide. Armed with these results, investigators try once again to get more details from David Beek. They begin by asking him more about his life. He says he and his father never got along. He's been depressed for a while and drinks a lot. That's been an issue of contention between him and his father. At first he says he doesn't wish to comment about the homicide. But when he's advised there is evidence that places him and Jostin Murillo in that house, he starts to open up. David Beak says that every time he hangs out with Murillo, something happens. So he tried to stay away from him for a few days. But that Friday evening, Murillo found him and he had alcohol. Beak says he hung out with Murillo and his girlfriend, drinking for a few hours. They stole two more bottles of wine from a wine store. Then the girlfriend left. Beak says Murillo told him, let's do a flex, which means theft of money, devices, tools, things they can grab quickly and carry. He says they break into a random garage in the neighbourhood and take two crowbars. He follows Murillo down the street and as they're walking, Beak says he tossed his crowbar somewhere near the house because he doesn't want it. He tells the investigators his memory is blurry, but quote, I did not murder this woman. Ok? He says Murillo entered the home through the basement window and then unlocked and opened the side door to let him in. He says he followed Murillo up the stairs and watched him bust the through the internal door to the kitchen. Beek claims he doesn't want to be there, but Murillo tells him they're already in the house. It's too late. They're going to take money and whatever else they can find. So they go upstairs and be says he sees the sleeping girls and at that point he exits the house without taking anything. He tells the police he just wanted to go home. The investigators inform him they've actually found his DNA on the woman's body. Rottery's body. David Beak insists he didn't kill her, but says he doesn't want to comment any further. Then his story starts to change. He tells them that Josten Murillo killed her. Why? Because she woke up.
- [46:15]
Advertiser / Commercial Voice
How?
- [46:16]
Narrator / True Crime Storyteller
With the crowbar. He just hit her in the face five or six times. Beak says that they both exited the house after that. Investigators asked, when you walked out, did you know she was dead? Beak says no. He's asked again and gives the same answer. He didn't know she was dead. He insists he felt really bad and he wouldn't have broken into anyone's house if he hadn't been drinking. When shown the surveillance footage from the grocery store after the homicide, David Beat confirms that it's him on the bike and that Josten Murillo is walking beside him. He describes changing clothes that night, saying he originally had a black jacket on, but switched to a sweater. He indicates he may have given that sweater to Murillo to wear, but he's evasive and will not confirm what either of them were actually wearing when Rotary Estrada was murdered. The investigators press him again about the DNA found on her. He admits he lied before and then clams up. They ask him if he ejaculated on her. No. Did you lick her? No. Then how did your DNA get on this woman? Did either one of you try to have sex with her? Beak admits that he did. Again, he insists he didn't kill her. As for why he wanted to have sex with her. David Beek says it's just impulse. Now that he's opening up, they ask him to go through what happened again. He says that as they went up the stairs to the second level, Murillo whispered to him, we're going to have to knock them out if they wake up and, you know, just like, grab everything and let's go. David Beek says they entered the primary bedroom and the woman saw them. He immediately wanted to leave, but Josten Murillo came out of nowhere and hit her with a crowbar. All David Beek says he can hear is T followed by the sound of bubbles coming out of her mouth. He tells investigators, and I think I may have sexually harassed her or raped her again. He says he didn't ejaculate. Investigators ask him, did you put your penis in her vagina? He says he thinks he tried to, but he couldn't. He doesn't elaborate on why. He admits that it was probably him that took off her underwear. Investigators ask, was she already dead at that point? No idea. Whether or not Roderie Estrada was dead at the time is important because under Canadian law, sexual assault charges require a living victim. If the assault happens after death, that's classified as interfering with a dead body. A lesser charge, David Beake says that only he sexually assaulted Rottery. Josten Murillo did not, and Murillo was the one who killed Rottery. Beak insists he had no involvement with that. So was David Beeck lying about any of this? He mentioned throwing his crowbar away as he followed Josten Murillo to the home. A search of the area surrounding the home was conducted, which included pumping the contents of a sewer grate in front of a nearby home. And that's where they found a second metal bar approximately 19 inches long. There were leaves, hair, and dirt attached to it. It was sent for forensic examination to check for indications of blood. No blood was detected, but it had been submerged in water, which is an effective way to wash away fresh blood. And by this point, it had been more than 10 days since the homicide. If that was the crowbar David Beak said he threw away, there's no way to prove whether it was before the murder, as he said, or afterwards. The rest of the DNA results trickle in. Over the following months and years leading up to the trial. DNA profiles had been detected on the external genitalia swab, the vaginal swab, and the underwear around Rottery's left leg. David Beek could not be excluded as a source or contributor in Other words, it's his DNA found in all three locations. Josten Murillo's DNA profile is not detected in any of these areas. DNA belonging to Rottery Estrada, David Beeck and Josten Murillo was found in the bloodstains on Murillo's track pants, on the comforter placed over the window in the primary bedroom. Those stains are Ruddery Estrada's blood. But how did that comforter get up on the window? That detail will come out later. It was also Ruddery's blood on the chisel found at the foot of the bed, on Josten Murillo's left shoe, and on her own phone, which was found in his possession. Back to the fingerprints found at the scene. About 45 fingerprint impressions were located around the home, but only one proved relevant to this case. That's the impression found on the kitchen window frame. The golden thumbprint. Without it, Jost and Murillo might never have been identified, and certainly not within 48 hours, which is when APHIS produced the hit. Neither Josten Murillo nor David Beek were already in the National DNA Data bank, so the only way their DNA profiles could be compared to DNA found at the scene was because that thumbprint led to Murillo, which then led to beec. But APHIS is just a tool, and a full analysis and comparison is conducted by Forensic Identification Site Services. Both prints were found to have enough similarities to conduct further comparison. There's a unique area of damaged skin on the thumb, likely a small scar from a previous injury. And it can be seen on both the print found on the window and the known print belonging to Josten Murillo. That's just one of a number of features with similar characters characteristics in similar locations with the same variations found on both thumbprints. The conclusion is the thumbprint found on the window frame was deposited by the same source as the thumbprint on file belonging to Josten Murillo. A confirmed match. Next, an analysis of the dusty footwear impressions. There were dozens of them on the hardwood floor leading from the basement up to the second floor where the bedrooms are. In the primary bedroom, the impressions were found on all sides of the bed and preserved under clothing on the floor. As a result of the intruders ransacking the bedroom, those impressions have left the existence exact same distinctive pattern. They come from the same pair of shoes. And one of Josten Murillo's shoes has Rottery's blood on it. The forensic investigators use a digital imaging technique to compare the sole of Murillo's shoes to the dusty footwear impressions left throughout the house. They both have the exact same distinctive pattern. A clear match. More evidence showing Josten Murillo's movements in the house and placing him around the bed where Rottery Estrada's body was found. David Beak's footprints were not found in the house, nor were any of his fingerprints. But his DNA being found in the autopsy swabs taken from Rotary's body placed him directly at the crime scene as well. Remember that deportation order that Josten Murillo had been issued in 2015? He launched an appeal and was able to stay in Canada pending that decision. Murillo's appeal was heard in 2019, the year after Rotary Estrada was murdered. His main argument was not that the deportation order was unlawful. He asked for special relief on humanitarian and compassionate grounds, citing his ties to his young daughter and his younger sister and how his deportation would directly affect them. The Immigration and Refugee Board of Canada found there was not enough evidence that Murillo had a meaningful relationship with either child. His daughter was still still living with her maternal grandparents, and Murillo's relationship with her had been essentially non existent since his incarceration. According to the panel, the family ties he claimed to have were not strong enough to outweigh his criminal history, low likelihood of rehabilitation and the risk he posed to public safety. The panel also found that Murillo had been offered significant support over the years. Mental health treatment, addiction services, housing supports and employment programs. He consistently failed to avail himself of those supports and he continued to use drugs, continued to offend and continued to ignore court orders. His appeal was dismissed. Josten Murillo's deportation order back to Costa Rica would stand on paper anyway. In practical terms, it changed nothing because by that point he was in custody awaiting trial for the murder of Rodery Estrada. If he were found guilty, he'd face a lengthy prison sentence. If he was found not guilty, he'd likely be deported back to his grandmother in Costa Rica. The trial began two years later, in 2021. COVID lockdown caused all trials to be put on hold. And this was actually the first jury trial in Toronto to begin after that. The Crown's theory of the case was that Josten Murillo and David Beake armed themselves with metal bars and initially broke into the home with a plan to steal valuables. But when they entered the primary bedroom, their motive shifted to sexual assault. Rotary Estrada tried to fight two predators to protect her three young children sleeping down the hall. According to the Crown, The jury heard testimony from the paramedics, the first officers on the scene of the crime, the forensic pathologist, the forensic investigators and the detectives. But the first witness was Gerald Oquinty, Rodri's husband. He described going to the grand opening of his cousin's restaurant after he finished at his own restaurant. Arriving home at around 2am, he looked right at the two men on trial and focused on answering the questions so they would know on no uncertain terms the gut wrenching devastation he felt when he discovered his wife wife's body. Gerald saw no reaction from either of them as he testified. And then it was the defence's turn. For the first time, Jostin Murillo would give his version of what happened inside Rottery Estrada's home. David Beak would also take the stand. His account at trial would shift slightly from what he told investigators, particularly when it came to one crucial question.
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- [61:14]
Narrator / True Crime Storyteller
Both David Beake and Josten Murillo testified in their own defence. They claimed they were intoxicated and their judgment was clouded that night. Murillo went first. This was the first time he'd given any version of events. Remember, he did not speak to investigators. He testified that he'd been homeless for three years at the time and was stealing to feed himself and support his drug habit. He met David Beek about five months earlier. They shared a love of partying, drugs, music and working out that night. Murillo said he was high on crystal meth, cannabis, cocaine and he'd been drinking alcohol. He and David Beek were breaking into garages and sheds on a nearby street. A crowbar was among the items he stole. When they arrived at the home where Ruddery and her daughters were sleeping, Murillo said he saw no car in the driveway and it was very dark in between the houses except for a light on in the basement. He peered in and saw dug up gravel and construction materials which he said led him to believe the house was under construction and no one was at home. Josten Murillo testified he attempted to enter through the kitchen window. This explained that thumbprint. He wasn't successful, so he instead broke in through the basement window using the crowbar he'd stole stolen earlier to remove the screen. He then let David Beacon through the side door. Murillo testified that he'd found a pry bar, his words, inside the home. He used it to force open the internal door that leads to the main floor and kitchen, breaking it off its hinges completely. He carried both metal bars with him into the kitchen. The crowbar he got earlier and the pry bar. He said he just picked up one in his hand and the other zipped in his sweatpants pocket. His testimony about this next part doesn't mention anything about David Beek being with him. After taking a laptop and two wallets from the main floor, Josten Murillo said he went upstairs to the second level and entered a bedroom. He saw an iPhone beside a bed and took it. Then he realised a child was asleep in the top bunk. Josten Murillo said the reason he didn't immediately leave the house when he realised people were inside it was because he believed he could still steal items. So he went into the primary bedroom where he saw a sleeping woman, Rottery. He saw a phone on the table beside the bed and took it. He testified he was about to grab a jar of change when he heard the woman wake up and say oh no. He told the jury, I panicked, I freaked out. He said he picked up the crowbar and struck Rottery, saying she was making a really bad noise. He described hitting the floor. 41 year old mother three or more times until she stopped screaming. At trial, Josten Murillo was confronted with the autopsy finding that Rottery had been hit at least eight times. He said he was panicking and couldn't remember the number and he didn't intend to kill her. He said it was impulse. He wished he'd just left the house instead of continuing to strike her. He testified he was alone when this happened. And then David Beake re enters the picture. Murillo isn't sure if Rodery Estrada was dead or alive at this point. All I know is she was not making any sound after I hit her. Josten Murillo testified that he told David Beekeeper they needed to leave. He ran down the stairs and out of the house. Beak did not go with him. Murillo said he walked a few houses down the street, threw the crowbar in a black garbage can and began chugging wine. While waiting for his accomplice, he started rifling through the items he'd stolen that night and confirmed he found a nurse's ID and later threw it away. At this point, Josten Murillo testified he suddenly realised he'd left the pry bar inside the bedroom and he walked back to the house to retrieve it. He ran into David Beek just outside the house and asked him, where did you go? What's going on? Beek didn't answer. Murillo told him he was going back in to get the pry bar. When Jostin Murillo re entered the primary bedroom, he noticed that the woman on the bed Estrada, was now naked. He testified that she was not like that. Before he left. He insisted there was never a plan to sexually assault her. He said he looked for the pry bar, but he couldn't find it. So he exited the house again after about five, 30 or 40 seconds. A crowbar is apparently a larger and thicker version of a pry bar. But investigators had found what they described as a large rusty chisel at the end of the bed. That's the one that had rottery Estrada's blood on it. Perhaps this is what Josten Murillo was referring to as the pry bar. But on the other hand, he had earlier testified that he'd only used that pry bar to break the internal door leading to the main floor off its hinges. He said he used the crowbar to bludgeon rottery, then threw it in the black garbage can a few houses down. But again, this was the very first time Jostin Murillo gave his version of events. It's not known if investigators searched local garbage cans on the street during the initial search, but if they did, nothing noteworthy was found. Murillo testified that he and David Beeck went to a local coffee shop to go through the stolen Items together. He asked Beek why the woman was naked. When he went back to get the pry bar, Beek told him, I f d up. I tried to have sex with her. Josten Murillo testified he never saw David be Beak again after that night. Beak's testimony began in a similar way. That evening, he and Josten Murillo broke into several garages. But at trial he doesn't mention anything about what he initially told investigators that he took a crowbar from a garage but threw it away before he got to the home where Ruddery Estrada and her daughters were asleep. The court heard that a crowbar had been located in a sewer grate near the home submerged in water. If there was any evidence tying it to the crime, it wasn't detectable by the point that crowbar was recovered. The crowbar pry bar thing is a confusing mystery, but it ultimately has no bearing on the central facts of the case. David Beek testified he did not participate in the break in. After being let in the side door, he says he waited downstairs while Josten Murillo went upstairs to look for things to steal. Beeck had originally told investigators that at this point Murillo whispered to him, we're going to have to knock them out if they wake up. But when asked about this at trial, Beak admitted he was lying at the time in an attempt to put more blame on Murillo. So according to David Beake, he waited downstairs for a while but decided to go upstairs to tell Murillo they needed to leave. That's when he realised there were children asleep in the first two bedrooms. He testified he heard something like a scuffle coming from the primary bedroom and moved toward the sound. When he got to the doorway, he saw Josten Murillo beside the bed striking a woman in the head five or six times. Ruddery Estrada. At that point, it appears Murillo realised Beak was there, told him he had just killed someone and that they should leave. Murillo then headed for the staircase. But Beek testified he did not follow Murillo. He remained behind. He told the jury he knew the woman was dead at that point, quote, no way anyone can survive that. David Beek testified he picked up the blood stained comforter and hung it over one of the bedroom windows. He then returned to the bed, removed Rottery's underwear and attempted to sexually assault her for about 10 to 20 seconds. He testified that Josten Murillo was not in the room during this time. The court had previously heard that only Beek's DNA was found on Rotary Estrada's body. On cross examination, David Beake admitted he was also lying in his original statement when he told investigators he had no idea if Ruddery was alive or dead. He said he'd never been questioned by a police detective before that and he didn't want to admit the truth, but there's no way of escaping it now. Beak said there was no doubt in his mind that Rottery Estrada was dead. Dead when he attempted to sexually assault her. He testified that he was truly sorry. What I did was sickening and shameful. I don't understand how I could do something like that. In closing arguments, Crown Prosecutor Beverly Richards urged the jury to reject the false version of events given by Murillo and Beekeeper, where they conveniently happened to be separated at key moments. The Crown presented a possible alternative version of events. Rattery Estrada was a light sleeper and would have likely woken up when the pair forced entry into the home, both armed with metal bars. Radhari was fiercely protective of her daughters and she likely came out and said said something. It was possible that when the two men heard her, they stopped looking for valuables to steal and both went upstairs with their metal bars, where they found her alone in her bedroom. That's when they made a choice. In the course of sexually assaulting and forcibly confining Rotary Estrada, both men repeatedly hit her in the head with those metal bars. At least eight times. They broke every bone in her face and left her unrecognisable to her husband when he came home later that night. Josten Murillo's claim that he started attacking Rottery within seconds was contradicted by the disarray in the bedroom, the significant blood spatter and the wounds to Rottery's hand. This evidence suggested an intention intense struggle where she tried to defend herself. As for David Beake, the Crown pointed out that even if the jury was uncertain about whether he directly participated in the murder, they should refer to his own testimony about his conduct when he was alone with Rottery in the primary bedroom. She had just been viciously assaulted, yet he did not call for help. He did not try to help her. He made a conscious choice to exploit her vulnerability and attempt to sexually assault her. The Crown argued that David Beak's behaviour was consistent with participating in the murder, or at a very minimum, aiding and abetting Josten Murillo, knowing his intent to kill and about their claims to have been so intoxicated or high, they weren't aware of or couldn't have formed intent that night. The Crown highlighted moments where they made conscious, deliberate decisions, like when they realised people were asleep inside the house. They chose to continue what they were doing. David Beek chose to block the window with a blood stained comforter and Josten Murillo chose to return to the house to look for the pry bar. It was all all evidence of awareness and intent. Based on the evidence, the Crown urged the jury to find that both men were armed with metal bars and they acted together to unlawfully confine sexually assault and murder Ruddery Estrada. There's a section of the Canadian Criminal Code that allows a murder to be clear classified as first degree, even if the required elements of planning or intent can't be proven. This exception is when the offender causes death during the commission or attempt of certain serious offences. These include kidnapping, hostage taking, aircraft hijackings, as well as sexual assault and forcible confinement. The crime Crown argued that this case met that threshold. The jury did not need to make a finding on each man's level of participation or intent. They both acted together and therefore they should both be found guilty of first degree murder. In defence closing arguments, Josten Murillo's lawyer Brian Ross told the jury that Murillo panicked and attacked Rottery Estrada. But there was no intent to kill. There was no evidence that he participated in the sexual assault, no evidence of unlawful confinement. The defence urged the jury to find Murillo guilty of manslaughter or second degree murder at most and he should be acquitted of sexual assault. David Beek's lawyer, Greg Leslie argued that Beek should be acquitted of both charges. He didn't participate in the murder and while his actions in sexually assaulting Rottery afterwards were reprehensible, quote, Rotary, however horrible it sounds, was dead. The law is clear that it's not a sexual assault if a person is dead. It had been a harrowing six week trial and the jury deliberated for a further five days. During this time they reportedly asked the judge eight different questions. Some of the questions concerned Josten Murillo's potential role in the sexual assault and whether David Beek was an active participant in the murder, even if he did not strike the fatal blows directly. In the end, the jury agreed agreed with the Crown's theory that Rodery Estrada was murdered during the commission of a sexual assault. Both Josten Murillo and David Beake were found guilty of first degree murder. When Geralda Quinte heard the verdict, he wept in relief. Rotary Estrada's loved ones gave victim impact statements at the sentencing hearing describing Derry as someone who made people feel safe. And looked after and she was an incredible mother. Geralda Quinte described his wife as the architect of their family. I have a hard time remembering my wife's graceful face because the only thing I see is her face. When I found her lifeless, her face beaten up and swollen. Looking at Murillo and beak, he asked, why? Why? Why did you do such a thing? Why couldn't you just leave when you found out someone was home? Now I am a husband with no wife, my kids with no mother. Without her, our lives have no direction. At the end of his statement, Gerald turned to his three daughters and Ruddery's parents and said, I am so sorry I was not able to protect Derry. I hope you can forgive me. I'm sorry. Their eldest daughter, by this point 17 years old, spoke about how her mother had been building the life she dreamed of with her family and quote, just like that, my world fell. She shared that she struggles with depression, PTSD and severe anxiety. She continues to question why, when confronted with a door with a double lock, the offenders chose to break it down anyway. Their middle daughter, who was by this point 15 years old, shared her big regret. She didn't tell her mother, I love you. Before bed that night, I think about how she won't be here to watch us become adults and start our own families. I think about how I was never able to thank her for all she's done for me. Ruddery's co workers from the team she led at St. Joseph's Healthcare Centre dialysis unit provided a statement as well. A memorial plaque on display at the hospital page pays tribute to Rottery's life of service and dedication to others. It reads. She chose a profession centred on care and comfort, but had her own right to life inhumanely terminated. We will never fully recover. We cannot nor will ever understand the evil acts that took her from us. Before delivering their automatic sentence for first degree murder, Justice Ian McDonnell asked David Beeck and Josten Murillo if they would like to speak. Beeck declined. Murillo offered an apology. I was out of control of my life through alcohol and drugs, but I am fully accountable for my actions that night. I am genuinely sorry to her and her family for the loss and suffering I caught. Justice McDonnell described the murder of 41 year old Ruddery Estrada as deeply disturbing, the stuff of nightmares. He noted the brutality of the attack by two strangers in the middle of the night inside the home she had every reason to believe was safe while her three young daughters slept nearby. The judge rejected the defence's attention. Attempts to frame the murder as a panicked escalation during a break in, noting the jury's verdict made it clear they were satisfied that, quote, once the defendant saw Ms. Estrada in her nightgown, the break in took a dark turn. Justice McDonald pointed out that the devastation extended far beyond Rotary Estrada herself, to her husband and children, her local community and the broader sense of safety people place in their own homes. With that, he sentenced Murillo and Beke to life in prison with no chance of parole for 25 years. It should be noted that about a month after sentencing, Alicia Harsham reported for the Toronto Star that Josten Murillo had identified as a woman while in custody and was transferred to a provincial women's prison a few months before the trial, per provincial policy. Just before the trial began, Murillo's defence lawyer requested the jury not be told about Murillo's reported gender identity or the transfer. Throughout the trial, Murillo presented as male and was referred to with male pronouns by the court, counsel and witnesses. At a press conference after the trial, according to the Toronto Star, the defence was asked whether Murillo wanted to be referred to differently going forward. Murillo's lawyer declined to provide an answer. To date, there have been no further updates or clarification around this, as both Murillo and David Beek launched appeals asking for a new trial. Those appeals were dismissed in 2025. In this episode, we've used the pronouns established in the official trial record per Murillo's preference. This is also standard reporting practice in cases where an offender changes their gender identity after being incarcerated. It's not intended to dismiss or challenge Murillo's reported gender identity, but rather to accurately reflect the court proceedings and maintain continuity. One last thing Remember those charges Murillo was facing about two months before he murdered Ruddery Estrada after his violent rampage where he assaulted several people with metal bars. Those charges were still outstanding when the trial took place, so the jury was not allowed to hear about them until after the verdict. At that time, Global News reported that another jury trial had been scheduled for Murillo in 2023 to deal with those charges. That trial never happened. It's likely those charges were stayed, given Murillo was already serving a life sentence. Rottery and Gerald's eldest daughter had her grade eight graduation just a month after the murder. It should have been another proud, joyful milestone for the whole family. Instead, they had to move through another celebration with Rotary's absence at the centre of it, trying to smile while grieving the person who should have been standing beside them. They sold their family home the following year. It was just too traumatic for them to continue living there. A little over a year ago, a fire broke out at Tinuno, Geralda Quinte's rock restaurant on Howard street in downtown Toronto. He and his business partner released a statement saying the fire had tested them. Fortunately, no one was hurt, but the restaurant was shut down for several months while the team worked to rebuild and restore the space. Tenuno reopened late last year to similar rave reviews. A cozy and intimate space filled with overlapping conversations and laughter, the delicious smell of garlic, rice, fried fish, grilled meats and food that comes out faster than you expect. In an episode of Crime Beat TV by Global News, Geralda Quinte tells journalist Katherine McDonald that he always encourages his daughters to try to do their best. He wants them to know their mother's story, to never forget how hard she worked and how great of a person she was. Here's how he described his wife I want them to know that she gave
- [86:43]
Narrator / Host
everything to us, her life, Rodri Strada
- [86:49]
Narrator / True Crime Storyteller
she's my best friend, my wife, my light, my darkness, time, my compass when I'm lost. She was a loving wife, great mother, my best friend, our life. Thanks for listening and special thanks to Geralda Quinte. I was honored to be invited to present this case at the recent Ontario Forensic Investigators Association Education Conference. It was a humbling and meaningful experience and I loved getting the chance to speak to so many forensic professionals about the important work they do. Special thanks to Detective Constable Adrian Piccolo, the Comms Director for the Ontario Forensic Investigators association, for all his help with my presentation, and also to Constable Don Laurel for connecting me with Ruddery's family. Please respect their privacy. This case was pieced together from multiple court documents, the news archives, including Filipino media, ABS CBN and trial reporting from Catherine McDonald for Global News and Alicia Harsham and Betsy Powell for the Toronto Star, as well as selected case files. For the full list of resources and anything else you want to know about the podcast, visit canadiantruecrime CA and follow us on the Canadian True Crime, Facebook and Instagram pages to see photos and clippings from this case. If you found this episode compelling, we'd love for you to tell a friend, post on social media or leave a review wherever you listen to podcasts. Audio editing was by Crosby Audio and Eric Crosby voiced the disclaimer. Our senior producer is Lindsay Eldridge. Research, writing, narration and sound design was by me and the theme song was composed by We Talk of Dreams. Stay tuned over the summer for our Major Case Updates episodes, and I'll be back in early September with the next Canadian True Crime Story. See you then.
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