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

PM: democracy needs to function in pandemic

PM: democracy needs to function in pandemic
For his part, Trudeau said Canadians "deserve an ambitious plan for a healthier and safer Canada, a Canada that's fair and inclusive, a Canada that's clean and competitive and, with the speech from the throne on Sept. 23, that's exactly what our government is ready to do."

PM: democracy needs to function in pandemic

Nine pedestrians hit, Montreal driver arrested

Nine pedestrians hit, Montreal driver arrested
The driver, a 38-year-old man, was arrested at the scene and will be questioned by investigators.

Nine pedestrians hit, Montreal driver arrested

Review board limits freedoms for man who killed five

Review board limits freedoms for man who killed five
Matthew de Grood, who is now 29, was found not criminally responsible for the 2014 killings of Zackariah Rathwell, Jordan Segura, Kaitlin Perras, Josh Hunter and Lawrence Hong, because he was suffering from schizophrenia at the time.

Review board limits freedoms for man who killed five

Man sentenced to life for Indigenous woman's death

Man sentenced to life for Indigenous woman's death
Michael William Okemow, 40, was found guilty of second-degree murder in the 2015 beating death of Crystal Andrews, 22, at God's Lake First Nation, a Swampy Cree and Metis community located about 1,000 kilometres northeast of Winnipeg.

Man sentenced to life for Indigenous woman's death

Ethics watchdog bites ex-ambassador to U.S.

Ethics watchdog bites ex-ambassador to U.S.
David MacNaughton was Prime Minister Justin Trudeau’s point man in Washington for 3 1/2 years before he left one year ago.

Ethics watchdog bites ex-ambassador to U.S.

Damaged cars being removed from derail site: CN

Damaged cars being removed from derail site: CN
The CP freight train was hauling potash, a non-hazardous, potassium-rich type of salt, when the cars left the bridge, dumping some of the material into a nearby creek.

Damaged cars being removed from derail site: CN