Alberta Court of Appeal upholds sentence for man who killed Calgary Stampeder
The Alberta Court of Appeal has upheld the sentence of a man who killed a player with the Calgary Stampeders football team outside a nightclub.
The Appeal Court's three judges on Monday unanimously dismissed a challenge from Nelson Lugela, who was found guilty in 2019 of second-degree murder in the death of Mylan Hicks.
Lugela was sentenced to life in prison with no chance at parole for 18 years.
Hicks, who was a 23-year-old player on the CFL team's practice roster, was shot twice in 2016 outside the Marquee Beer Market in Calgary, 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 the parking lot after closing time.
Witnesses testified that after some pushing and shoving, a person who appeared to be holding a handgun began shooting at Hicks as he was running for cover.
Several witnesses identified Lugela as the man with the gun.
Hicks, who was from Detroit, was shot in the abdomen and chest and died in hospital. Family members said they believed he would be safer from gun violence by playing football in Canada.
Lugela argued in his appeal that the trial judge made a number of errors, including an "unduly narrow interpretation" of Lugela's character.
The Appeal Court also heard submissions arguing the judge failed to give adequate weight to Lugela's intoxication as a relevant factor and erred in assessing aggravating factors.
In convicting Lugela, Justice Keith Yamauchi had ruled that Lugela was a threat to society, as he had a long criminal record before the murder, including weapons offences.
The Appeal justices found the trial judge did nothing wrong.
"He did not err in considering the appellant's criminal record as one factor; he also considered other factors and evidence when assessing the appellant's character, including a number of psychological reports from previous sentencing hearings and the May 2019 report," writes Justice Jack Watson.
"The May 2019 report found the appellant demonstrated a ... high range of future recidivism and had not responded to any previous treatment."
The Appeal Court said the trial judge reasonably exercised his discretion by properly considering sentencing principles, factors for determining parole eligibility and the nature of the offence.
The court had already upheld Lugela's conviction in 2020.This report by The Canadian Press was first published Jan. 17, 2022.
CTVNews.ca Top Stories
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.