CALEB NICKERSON
CAMPBELL’S BAY July 3, 2018
On July 3, Brian Brownlee pled guilty to second-degree murder and numerous firearms charges in relation to the death of Darwin Zimmerling a year and a half ago, and was sentenced to life in prison.
Brownlee was arrested after Zimmerling’s body was discovered on his property in the early morning of January 18, 2017. A pathologist determined the death was caused by secondary trauma from multiple gunshot wounds.
Zimmerling, a 50-year-old father of two from Shawville, had known Brownlee for many years and both had been on friendly terms prior to the murder.
Brownlee, bearded with a wiry build, was led into the courtroom wearing a collared plaid shirt and large white hearing aids. He was seated in the dock, mere feet from where the victim’s family sat in the gallery.
A smaller contingent of Brownlee’s relatives were seated across the room at the opposite end of the gallery.
Brownlee had foregone his preliminary inquiry in April and had agreed to plead guilty to second-degree murder, as well as 11 firearms charges stemming from the 78 guns seized from his property.

Quebec Superior Court Justice Catherine Mandeville presided over the hearing, and began with a summary of facts of the case, to ensure the defendant was fully aware of the charges to which he was pleading guilty.
The defense attorney, Marino Mendo, stood at the dock with his client and requested that everyone speak as loudly as possible, as Brownlee had difficulty hearing.
At about 2:59 a.m. on Jan. 18, Brownlee made a 911 call from his home on the Fourth Concession in Clarendon to report that his friend had been shot and he required police assistance. It was noted that Brownlee indicated he couldn’t remember the victim’s first name during the phone call, but said his friend was named Mr. Zimmerling.
When asked directly by Mandeville if he had shot Zimmerling with the intention of killing him, Brownlee was evasive, until reminded by the judge and his attorney that he was in court to plead guilty, not to justify his actions.
Mendo indicated that both the victim and the accused had been drinking at Zimmerling’s residence and continued when they arrived at Brownlee’s home later in the day. The crown and defense attorneys agree that both Zimmmerling and Brownlee were heavily intoxicated, though they couldn’t confirm Brownlee’s exact level of intoxication.
“That’s why my clients version isn’t as clear as we would like,” Mendo said.
Though eight casings and wounds were found, Brownlee said that he only recalls firing five or six shots into Zimmerling’s back. Brownlee had then placed the body in the back of his truck, saying he had been advised to protect it from the elements by covering it.
No gunpowder residue was found on Zimmerling, indicating that the weapon wasn’t fired in close proximity to the victim.
The hearing then moved on to the firearms charges. Mendo noted that guns and ammunition had been found throughout the house, in cupboards, the pantry and under Brownlee’s bed. Mendo indicated that after discussing the specifics with the Crown, his client would plead guilty to 11 of the 20 charges originally laid, adding that most were for improper storage of firearms and ammunition, as well as possessing weapons without the proper paperwork.
“On one firearm, the serial number was [obscured], and another was declared stolen in the past, many years ago,” added Crown attorney Marie-Claude Daoust.
She also said that four of the firearms were not entered in the accusation, noting that Brownlee’s son could retrieve these guns from police headquarters in Montreal, provided he had the proper documentation and equipment to transport them. The rest, including the Colt Officer’s Model pistol used in the shooting, would be confiscated.
When asked if he pled guilty to the charges, Brownlee didn’t immediately answer yes or no, saying that the guns were out because he had been showing some to Zimmerling.
“You had some in the closet, some in the pantry, some under your bed, in the rest of the house,” countered Mandeville. “If they’re in the pantry or under the bed, they’re not being shown to someone.”
Once the charges were laid out, Mandeville declared Brownlee guilty and requested that the victim impact statements be read.
Zimmerling’s eldest sister, Barbara Ann Holley, went first and delivered her message in person, standing directly in front of Brownlee at the dock.
“Brian, you took so much from our family, and so many other families,” she said. “This is a nightmare that I will never comprehend.”
Though Brownlee looked up at Holley briefly as she kept reading, his eyes shifted to the floor and remained there for the rest of the testimony.
“I believe that if Darwin were here today, he would feel so sorry for you, that’s the type of person he was … ” Holley said. “Brian as I stand here before the courts and you, I cannot forgive you. I can only pray that you regret what you did to your friend. I will always ask the question, ‘Why Brian, why?’ The only person that can answer is you.”
The crown attorneys read the other two statements, one from Zimmerling’s other sister, Brenda Lee Douglas, and another from his daughter, Emma.
“Darwin was my son’s only uncle, now he has none,” wrote Douglas, who lives in Calgary and was unable to attend in person. “Do you have any idea what it feels like to see the hurt in your son’s eyes when he talks about his uncle?”
Emma’s testimony detailed her father’s friendly personality and some of the good memories that they shared together.
“My dad and I have created so many memories in the short 17 years he was in my life,” she wrote. “It is sad to know that those are the only memories I will be able to cherish.”
Mandeville thanked all three for their statements and praised their courage.
Daoust then explained that many factors had gone into the sentencing decision, including Brownlee’s age, and his decision to plead guilty, thus avoiding a trial.
For the second-degree murder charge, both crown and defence requested that Brownlee be given life, without the possibility of parole for 10 years. Taking into account time already served, this amounts to eight years, six months and 11 days, starting on July 3.
In addition, it was recommended that Brownlee receive three years for each firearm charge, amounting to an additional 33 years, to be served concurrently to each other and the life sentence.
In additon, Brownlee will be banned from owning or handling firearms for the rest of his life, and will have to submit a DNA sample.
Before Mandeville left for her chambers to deliberate, Mendo spoke on Brownlee’s behalf.
“My client instructed me that he wanted wanted to simply indicate for the court that he apologizes greatly for the sorrow and hurt and loss that he caused to the Zimmerling family and to his [own] family,” he said.
After a short recess Mandeville returned with her verdict.
She explained that she is obliged to uphold the suggested sentence of the crown and defense attorneys, since she doesn’t believe it to be against the public interest. She thanked the victims for their statements and again commended their courage.
“I do hope that now that Mr. Brownlee is found guilty of this senseless murder, it will help the family to turn the page on these horrible events … ,” she said. “I also trust that Mr. Brownlee and that society will realize how dangerous it is … the mix of alcohol and guns can shatter lives. Not only that of the victim, but also that of all his family and of the friends who loved him.”