Close X
Saturday, November 30, 2024
ADVT 
National

Court rejects appeal of Stampeder's killer

Darpan News Desk The Canadian Press, 30 Sep, 2020 06:44 PM
  • Court rejects appeal of Stampeder's killer

Alberta's top court has upheld the conviction of a man who killed a Calgary Stampeders football player outside a nightclub in 2016.

Three Court of Appeal justices unanimously dismissed the appeal of Nelson Lugela, who was found guilty last year of second-degree murder in the death of Mylan Hicks.

"The appellant has failed to satisfy us that there is any basis to interfere with the trial judge's conviction," the judges wrote in their decision released Wednesday.

Hicks, a 23-year-old player on the practice roster of the Canadian Football League team, was shot twice outside the Marquee Beer Market, where he and his teammates were celebrating a win over the Winnipeg Blue Bombers.

The trial heard a disagreement over a spilled drink in the bar intensified in a parking lot after closing time.

Witnesses testified that after some pushing and shoving, a person who appeared to be holding a handgun opened fire at Hicks as he was running for cover.

Several witnesses identified Lugela as the man holding the gun.

Hicks was shot in the abdomen and chest and died in hospital.

He was from Detroit, and family members have said they believed he was safer from gun violence while playing football in Canada.

Lugela argued in his appeal that the trial judge erred by allowing social media photographs showing he had access to a handgun that looked like one police retrieved after the shooting. Lugela argued the pictures constituted "bad character evidence."

"In our view, these photos were properly admitted as they were logically relevant to the issue of identity," the Appeal Court justices wrote.

"These were not photos showing Mr. Lugela with random weapons. They were a series of photos suggesting he possessed the exact type of handgun used in the shooting."

Lugela also argued that the trial judge failed to test the admissibility of witness statements identifying him as the shooter, misapplied the standard of proof beyond a reasonable doubt and gave an unreasonable verdict.

Lugela is also appealing his life sentence with no chance of parole for 18 years.

MORE National ARTICLES

Pandemic doesn't reduce jail time: Nunavut judge

Pandemic doesn't reduce jail time: Nunavut judge
The Criminal Code says judges can deduct up to 1 1/2 days from an offender's sentence for each day served in remand.

Pandemic doesn't reduce jail time: Nunavut judge

WATCH: Trump doesn't want to accept defeat in US election, Trudeau says second wave is here

WATCH: Trump doesn't want to accept defeat in US election, Trudeau says second wave is here
WATCH: President Trump won’t commit to ensuring peaceful transfer of power if he loses election and health officials warn that COVID19 could blow out of proportion.

WATCH: Trump doesn't want to accept defeat in US election, Trudeau says second wave is here

Horgan recommits to $10 a day child care plan

Horgan recommits to $10 a day child care plan
The plan was part of the New Democrats' 2017 platform but Horgan says the minority government couldn't fully implement it because it didn't have support from its Green partners.

Horgan recommits to $10 a day child care plan

Greens reinstate Meryam Haddad for leadership

Greens reinstate Meryam Haddad for leadership
The party's leadership committee says it has overturned its Tuesday decision to expel Haddad from the race for violating the party's rules.

Greens reinstate Meryam Haddad for leadership

Toronto councillor loses bid to keep position

Toronto councillor loses bid to keep position
Jim Karygiannis faced removal from office after exceeding a spending limit by about $25,000 during the 2018 election.

Toronto councillor loses bid to keep position

Ontario changes course on COVID-19 testing

Ontario changes course on COVID-19 testing
Testing for asymptomatic residents is available at up to 60 pharmacies by appointment starting on Friday.

Ontario changes course on COVID-19 testing