One of two brothers charged in the fatal stabbing of a Calgary teen who was out shooting hoops with his buddies was granted bail Tuesday. Read More
Noteworthy legal cases in Calgary and area from May 12 to 16, 2025
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Noteworthy legal cases in Calgary and area from May 12 to 16, 2025
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One of two brothers charged in the fatal stabbing of a Calgary teen who was out shooting hoops with his buddies was granted bail Tuesday.
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Defence counsel Andrea Urquhart filed a consent release order with Calgary Court of King’s Bench allowing for the release of her client on strict conditions.
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The order, consented to by Crown prosecutor Vicki Faulkner, will allow the accused to live at home under house arrest. He must also wear an ankle monitoring bracelet to ensure he complies with that condition.
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The accused, who can’t be named because his younger brother, a minor at the time, was also arrested in the killing, is charged with second-degree murder in the Sept. 5, 2023, stabbing of Danillo Canales Glenn, 18.
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Canales Glenn was playing basketball with two buddies on the cement pad of the outdoor rink in the southeast community of Copperfield that evening when they spotted the two brothers just outside the rink area, according to evidence called at the youth’s trial last year.
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Canales Glenn asked them what they were doing or what they were looking at.
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In finding the younger brother guilty of a reduced charge of manslaughter, Justice Eleanor Funk ruled the prosecution had failed to prove the teen had the necessary intent to commit murder.
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Defence lawyer Alain Hepner had argued it couldn’t be determined which brother inflicted the fatal wound after the other pepper-sprayed the victim, and the stabbing was an unforeseen intervening act from the perspective of the non-stabber.
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But Funk disagreed, finding the siblings acted in concert throughout the attack.
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Urquhart’s client, now 19, is scheduled to face a Calgary Court of King’s Bench trial beginning Nov. 17.
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His younger brother, who was 16 at the time of Canales Glenn’s death, is scheduled to face a two-day sentencing hearing in October.
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Faulkner earlier indicated she may be seeking an adult sentence.
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Version of events provided by Calgary murder suspect ‘not possible,’ Crown says in seeking conviction of city youth
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The claim by a Calgary murder suspect that the fatal shot that killed a city teen was self-inflicted is “not possible,” a prosecutor said Tuesday.
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But the lawyer for the 18-year-old murder suspect, who was a youth at the time and can’t be named, said Justice Paul Jeffrey should accept her client’s account of how Jal Acor Jal died.
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Defence counsel Andrea Urquhart said the Calgary Court of King’s Bench judge should find her client’s rifle was in Jal’s hands when the fatal shot was fired.
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Crown prosecutor Todd Buziak countered that was impossible based on the physical evidence in the case.
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Buziak noted Jal, 16, was shot in the back of his head at the base of his skull before the bullet exited his right eyebrow.
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Urquhart’s client testified he met with Jal in the late afternoon of March 31, 2022, to let him see a rifle he was showing off in a Snapchat group.
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They went to a secluded area near a northwest Calgary CTrain substation, but when Jal was handed the weapon, he loaded a magazine and chambered a bullet before he appeared to raise it towards the accused, he testified.
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The youth, who was 15 at the time, said he and Jal struggled for the gun before he lost his grip and they both fell backwards with the deceased still holding onto the weapon which discharged.
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“It is the submission of the defence that his evidence ought to be believed and if you believe the evidence of (the accused) you must acquit,” Urquhart said.
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“He described seeing the gun pointing to Jal’s upper chest and the gun discharged,” she told Jeffrey.
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“His evidence was that he didn’t shoot Jal and he didn’t have his hands on the gun when it went off.”
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But Buziak said the physical evidence contradicted the accused’s version, noting if it was accurate Jal would have been shot in the face area, not the back of his head.
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“It renders impossible the evidence the accused gave in court. It just could not have happened the way he said it occurred,” Buziak said.
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He said the evidence of a firearms expect, who said the muzzle would have been placed against the back of Jal’s head, and the autopsy report of Dr. Lucy Bradley fits with the prosecution’s theory the accused walked up behind Jal and shot him execution-style.
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“The manner of death was deliberate and could not have been accidental and that’s what gets us to second-degree murder.”
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The Crown has given notice it will seek an adult sentence if the youth is convicted.
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A date for Jeffrey’s decision will be set May 23.
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Motorist who dragged panhandler 200 metres placed on house arrest
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Dragging a panhandler who had grabbed onto his car window up to 200 metres won’t mean jail for a Calgary motorist.
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Instead, Duba Wario was handed a two-years-less-a-day conditional sentence Monday to be served in the community, including 12 months of house arrest, on a charge of dangerous driving causing bodily harm.
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Wario, 22, pleaded guilty to that charge in connection with the incident on May 26, 2023, which left Roan Campsall of Calgary suffering “fairly superficial” wounds to her buttocks and feet after being dragged 150 to 200 metres — the length of two football fields.
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Justice Andrea Froese accepted a joint submission from Crown prosecutor Dominique Mathurin and defence lawyer Sarah Dover for the conditional sentence, which will also include 12 months on a nightly curfew for Wario.
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According to a statement of agreed facts read in by Mathurin, the victim, who has since died from unrelated reasons, was panhandling at the corner of Edmonton Trail and 16th Avenue N.E. when she approached Wario’s Toyota Echo and had a brief conversation with him.
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Campsall, then 28, asked Wario for some change and he gave her about $2, the prosecutor said.
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A short time later she ran into her boyfriend, Dakota Gooder, and they began walking to 15th Avenue N.E., Mathurin told Froese.
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“The driver … pulled up close to them. She walked to the window and an argument broke out between the driver and the complainant,” she said.
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“The driver suddenly put the vehicle in motion as the complainant was holding onto the window of the vehicle. She repeatedly screamed at the driver to stop. She explained that she feared falling into the wheels of the vehicle,” Froese was told.
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“Eventually, the complainant being unable to maintain her grip fell on the ground.”
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Wario struck her hands several times during the incident and later told police he was afraid of Campsall.
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Gooder, who had chased after the car, picked up Campsall and took her to his home before calling 911.
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Mathurin said while Wario had an alcohol abuse problem, he wasn’t intoxicated at the time.
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Dover said her client’s relationship with his father deteriorated after he was charged and eventually led to him being kicked out of the residence and left homeless.
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Since that time he has managed to find a residence for young adults with addictions issues and is dealing with his alcohol problem, which came to a head in February when he fell asleep in a snowbank outside the facility.
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Wario suffered severe frostbite to his hands, feet and buttocks, injuries similar to those experienced by Campsall, Dover noted.
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Before sentencing, Wario offered an apology to both Campsall and her mother, whom Mathurin said was not pleased at the proposed resolution.
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“I know Roan’s not here with us today, rest in peace to her … I just want to say I take full responsibility for my actions and I’ll make sure it never happens again,” he said.
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Mathurin dropped charges of robbery and aggravated assault following the guilty plea.
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