Close X
Monday, December 2, 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

Overdose fight: B.C. nurses to give out safer drugs

Overdose fight: B.C. nurses to give out safer drugs
More than 5,000 people have fatally overdosed in B.C. since the province declared a public health emergency in 2016, but fatalities were declining before COVID-19.

Overdose fight: B.C. nurses to give out safer drugs

Pressure Sri Lanka on human rights: activists

Pressure Sri Lanka on human rights: activists
A civil war gripped the country between 1983 and 2009, with insurgents who sought a separate Tamil state battling a central government dominated by Sri Lanka's majority Sinhalese.

Pressure Sri Lanka on human rights: activists

Burnaby RCMP need the public's help in locating missing 26 year old man

Burnaby RCMP need the public's help in locating missing 26 year old man
Nathan is described as 5 feet 8 inches tall, with a slender build, black hair and brown eyes. He was last seen wearing grey sweat pants and black shoes, carrying a purple and pink backpack.

Burnaby RCMP need the public's help in locating missing 26 year old man

B.C. human rights office urges data collection

B.C. human rights office urges data collection
Kasari Govender says use of data about ethnicity, gender and sexual orientation is minimal in B.C., leading to policies that fail to address discrimination, including how people of colour may be disproportionately affected by the pandemic.

B.C. human rights office urges data collection

B.C. to add team-based primary care networks

B.C. to add team-based primary care networks
The networks connect care providers including doctors and nurse practitioners in a particular area with an aim to provide faster service.

B.C. to add team-based primary care networks

Daughter pays tribute to father who died of COVID-19

Daughter pays tribute to father who died of COVID-19
The memorial features a poster of physiotherapist Garry Monckton, who died April 2 at Haro Park Centre Society.

Daughter pays tribute to father who died of COVID-19