Posts Tagged "man"

24Jul

Indigenous man sues RCMP in B.C., claiming ‘abusive’ use of police dog left him in ‘agony’ | CBC News

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A man from Kamloops, B.C., is suing an RCMP officer from Prince George after being attacked by a police dog during a violent arrest caught on surveillance video more than four years ago.

Cuyler Richard Aubichon, who is Indigenous, claims Const. Joshua Grafton and the RCMP were “reckless, arrogant, high-handed [and] abusive” with a “callous disregard” for Aubichon’s well-being when he was arrested in an alleyway on a snowy night in 2016.

“Grafton acted with complete and deliberate indifference towards the Plaintiff,” alleges a notice of civil claim filed in B.C. Supreme Court on Thursday.

Grafton, along with two other RCMP constables, were criminally charged last month in connection with Aubichon’s arrest in Prince George, B.C., on Feb. 18, 2016. 

None of Aubichon’s allegations has been proven. No response to the notice of claim has been filed.

Takedown caught on backyard camera

Video of Aubichon’s arrest was captured by a backyard security camera. It shows the truck he was in boxed in by police, flood-lit by headlights of an RCMP cruiser.

The video then appears to show a man pulled from the truck by RCMP working with a police dog. After the man exits the truck, the dog lunges at him. An officer then appears to strike the man while he is on the ground.

WATCH: The arrest in Prince George, B.C., was captured on surveillance footage

Two men are stomped and kicked after police pull them from an allegedly stolen truck. One suspect’s legal team seeks an investigation. 2:48

In his lawsuit, Aubichon claims Grafton “encouraged” the dog to bite his arm. It also alleges Grafton allowed the dog to continue biting him once he was face-down on the ground.

“Grafton encouraged the dog to continue biting the plaintiff, even though Grafton could hear the Plaintiff screaming in agony and begging Grafton to stop the dog,” the claim reads.

“Grafton’s conduct … was physically and psychologically abusive and repetitive in the extreme.” 

The notice said Grafton kicked Aubichon in the stomach and hit him with a police baton while he was laying on the ground, “semi-conscious.”

Aubichon, then 22, claims to have suffered injuries to his face, leg, ribs, sternum, hand and the back of his head.

Aubichon claimed RCMP did not offer him medical assistance after taking him back to the RCMP detachment in Prince George. He said the incident caused physical, emotional and psychological trauma and left him “humiliated.”

Police have previously said the case involved two suspects who were evading arrest in a stolen truck.

The same day the video was made public, the Independent Investigations Office of B.C. sent investigators to Prince George, at the request of the RCMP. 

Const. Joshua Grafton was charged in June with assault, assault with a weapon and obstruction of justice. Const. Wayne Connell and Const. Kyle Sharpe were charged with assault causing bodily harm.

The three officers are scheduled to appear in provincial court in Prince George on Aug. 12. As of June 8, the officers remained on active duty.

“The officers’ fitness to continue to be on active duty has been assessed. We are confident they can continue their duties in a manner that is safe and meets public expectation,” Staff Sgt. Janelle Shoihet told CBC News last month.

11Jul

One man dead in Abbotsford shooting

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VANCOUVER —
One man is dead following a shooting in Abbotsford Friday.

Abbotsford Police say they responded at around 7:50 p.m. to a report of shots fired in the 2700 block of Lucern Crescent, near Lower Sumas Mountain.

Investigators have now identified a man in his 40s who died at the scene, according to police. The investigation will now be transferred to the Integrated Homicide Investigation Team.

Detectives and forensic identification officers remain on the scene as they continue their investigation and will be continuing to canvass the area for video and witnesses, say police.

Police are asking anyone for any CCTV or dashcam footage from the time of the shooting. Anyone who has information about the incident can call the major crime unit at 604-859-5225. To report information anonymously, call Crime Stoppers at 1-800-222-8477.

11Jul

Man dead after Friday evening shooting in Abbotsford | CBC News

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A man in his 40s is dead after a shooting in Abbotsford Friday night.

Abbotsford Police said in a written statement that officers responded to the 2700 block of Lucern Crescent at 7:49 p.m. for reports of a shooting. The man died on the scene.

Abbotsford Police Patrol officers, Forensic Identification Unit officers and Major Crime Detectives were in the area Friday night investigating and canvassing the area for video and additional witnesses.

Heather Jensen, who lives in their neighborhood, was inside when she heard a series of shots.

“I heard shots from inside the house, so by the time I got outside there was lots of screaming going on, and then we heard more shots. Maybe six or seven more shots we heard,” she said.

Jensen said she’s lived in the area for 15 years and has never witnessed violence in her neighborhood, which she described as “very quiet.” She said in total she heard around 12 shots fired.

Anyone who was in the area at the time of this shooting or has CCTV, dashcam video or information about this investigation is asked to contact the Major Crime Unit at 604-859-5225 or call Crime Stoppers at 1-800-222-8477 or online at www.solvecrime.ca.

The Integrated Homicide Investigation Team is now handling the investigation. 

29Jun

Vancouver man with dementia has been missing for one year

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Article content

The Vancouver Police Department has re-issuing a public plea for help in finding a 62-year-old Vancouver man who went missing from his assisted-living home one year ago.

David Sullivan, who has dementia and Type 2 diabetes, was last seen June 27, 2019.

“His disappearance was highly unusual and despite extensive efforts, police have found no sign of him,” said VPD spokesperson Sgt. Aaron Roed.  “We are appealing for the assistance of anyone who may have information on his disappearance. Understandably, his family and friends are desperate for answers.”

David Sullivan, who has dementia and Type 2 diabetes, was last seen June 27, 2019. VPD handout

In a security camera image captured two days after he was last seen, Sullivan was wearing a red-and-white checkered short-sleeve shirt, brown pants and carrying a blue gym bag.

He is described as a white man, bald, and around 5-feet-11 with a heavy build.

Anyone with information about Sullivan’s whereabouts can call the Vancouver police missing persons unit at-604 717-2533.

7Jun

‘What happened inside the hospital?’ Family of deceased Abbotsford man wants answers

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Article content continued

The new guidelines include “mental-health disability” — anyone in crisis or experiencing any mental-health-related issue that compromises decision-making.

The health authority said the revision was already in the works and is unrelated to Uko’s death.

But Nyee believes otherwise.

He said it’s clear Uko needed to have a person with him in the hospital.

“Samwel comes in with mental-health issues. How’re you going to deal with it? It’s not something you can see. It’s not something you can put under an MRI and you will know.

“They need someone to be there.”

Saskatchewan’s chief coroner is looking at the case seriously, but will not decide whether to hold an inquest until the investigation is complete, said a spokeswoman with the Ministry of Justice.

Citing privacy concerns, the health authority said it cannot talk about the case.

Scott Livingstone, head of the health authority, said earlier this week that officials were working with Uko’s family members to answer their questions.

Nyee said that didn’t happen right away.

And the family still doesn’t have answers.

“Did they give him the help that he needed? Did they at least try to do something?

“We want to know what happened.”

This report by The Canadian Press was first published June 7, 2020

26May

Burnaby man ‘vanished’ after walking away from Royal Columbian in a blue hospital gown | CBC News

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The family and friends of Gavin Deloes are worried for his safety after the 41-year-old walked out of the Royal Columbian Hospital early Sunday morning in a hospital gown, and hasn’t been seen since.

Police are investigating the man’s disappearance and seeking help from Coquitlam Search and Rescue volunteers.

Hilma Deloes fears for her son, who she said was hurt when his Jeep crashed Friday in Coquitlam, B.C., and was showing signs of confusion.

The Burnaby man walked out of hospital with no identification, money or phone, toting an iPod and a bag of toiletries his mother had dropped off, and wearing a hospital gown. He wore a pair of black slip-on sandals.

After reviewing security footage, hospital staff told family that Deloes was last seen walking north up Columbia Street. Then, nothing.

“He has completely vanished off the face of the planet,” said Deloes’ brother-in-law, Quinn Jarvis.

Friends and family said that Deloes, an employee of the Coca-Cola Bottling Company, was the driver in a crash on North Road in Coquitlam on May 22 around 8:30 a.m. PT after leaving his girlfriend’s home.

It’s unclear what caused the accident that sent Deloes to the emergency room, where family did see him on Friday before he was moved to a ward they were not allowed to visit, due to COVID-19 concerns.

Deloes was last seen leaving the Royal Columbian Hospital on Sunday morning around 7:30 a.m., wearing nothing but a hospital gown and some slip-on sandals, carrying a green bag with toiletries that his mother brought him. Police released this still image from the hospital security camera on May 26. (New Westminster Police)

New Westminster Police Sgt. Jeff Scott says investigators are checking security footage near the hospital and urging anybody who sees the man with a scar between his eyes to call 911.

“He’s wearing a blue hospital gown and slippers so we are concerned for his well-being,” said Scott, who confirmed that Deloes had been in a traffic accident.

“His family is extremely worried for him,” said Scott.

Longtime friend Dylan Stewart, 41, said he was talking to Deloes on the phone — via a hands-free Bluetooth device — when the car crash happened.

They had been discussing a cake — a raspberry pound cake that Deloes’ mother had baked the pair since they were teens after they both “feasted” on a cake she’d set aside for a bake sale, not knowing it was off-limits.

Then, the impact, and the aftermath.

“We think he had a seizure. We were talking normally and all of a sudden … he was just normal Gavin, happy, chipper, ready to pick up this cake, and then there was no sound and then I heard the crazy sound and accident sounds,” said Stewart.

“I felt very helpless,” said Stewart.

Gavin Deloes, 41, walked away from Royal Columbian Hospital on Sunday, and had not been heard from since, according to his friends and family. (New Westminister Police)

Stewart said that he rushed to the accident scene and then to the hospital where he was able to see Deloes in the emergency room, before going to his parents’ home to tell them what happened. He said his friend had a head injury, fractured bones, including vertebrae, ribs and his knee.

Hilma Deloes said she saw her son in the emergency room on Friday at around 11 a.m., and despite injuries, he was able to talk. She arranged to take his belongings, including his identification and clothes, and provided the iPod so he could FaceTime with family, while he recovered, as his phone had been seized by police at the accident scene.

On Saturday she said she picked up his work boots and other items from his damaged Jeep at Coquitlam Towing. That night she returned to Royal Columbian Hospital to bring him clothes.

She found her son pacing outside.

“When I got to the entrance of the hospital he was out there with two RNs [registered nurses] and security guards were hovering around him. He was talking, but he wasn’t making sense to me,” said Hilma Deloes, herself retired after 25 years at Royal Columbian Hospital.

She says she helped convince her son to return to his room in the orthopaedic ward, and requested he be seen by a social worker, as he seemed confused and “paranoid.” She left with his shoes and clothes, and the hope he’d listen to medical advice.

“This is not my son here. This is not like him at all,” said Hilma Deloes.

She said she parked nearby to ensure he didn’t leave again.

Sunday morning she said she called around 9 a.m.and learned that her son had been discharged. At first, friends thought he just walked to his girlfriend’s home nearby, but he never turned up.

The Fraser Health Authority spokesperson said it cannot respond to questions about Deloes’ case, due to privacy laws.

4Mar

Man who video-recorded 78 women in public bathrooms gets 18 months in jail

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Victoria courthouse


Lyle Stafford / Times Colonist

A homeless man who used his cellphone to record 78 unsuspecting women using public toilets has been sentenced to 18 months in jail, followed by three years of probation.

Garth Galligan, 34, pleaded guilty last week to unlawfully recording the women in places where they could reasonably expect to have privacy. Galligan also pleaded guilty to breaching his probation by being in the women’s washroom at the Empress Hotel on Aug. 26, 2019, and breaching a court order to meet daily with the Assertive Community Treatment team, which supports him in the community.

Judge Jennifer Barrett accepted a joint submission from Crown and defence asking for the 18-month sentence. She noted that although only one woman was identified, Galligan’s voyeurism has had a significant impact on the community.

“The public’s expectation of privacy when using a public washroom is well recognized and accepted. Mr. Galligan’s offending behaviour directly violated this expectation in a very intimate and personally invasive way. The offence of voyeurism is not a victimless crime,” said the judge.

During the sentencing hearing, Barrett heard that Galligan breached his probation on the same day he was released from jail after serving time for a sexual assault in the women’s washroom of the Royal British Columbia Museum, and for a disturbing incident at the McDonald’s on Douglas Street.

In December 2018, Galligan approached a young woman in the women’s washroom at the museum, tried to push her into a stall and groped her. Another woman intervened and he ran off.

Galligan also followed a woman into the washroom at the McDonald’s and propositioned her for sex. When Galligan pushed on a stall door to see if it was locked and would not take no for an answer, the woman yelled at him to leave and called police.

In March 2019, Galligan was sentenced to jail, followed by three years of probation, with conditions that prohibited him from entering or lingering around women’s washrooms.

Within hours of his release, Galligan was found by a member of the Empress Hotel’s housekeeping staff standing topless on a toilet seat with his pants around his ankles. She ordered him to leave.

Related

On Sept. 1, another housekeeper walked into the women’s washroom and saw Galligan naked inside the stall. She was frightened, told him to leave and alerted security, but Galligan fled, court heard.

On Oct. 7, a woman using a bathroom stall at the hotel noticed a cellphone screen coming from the stall beside her when she flushed the toilet. Galligan ran off, but was later identified through security cameras at the hotel.

That same evening, a housekeeper found Galligan again in the women’s washroom at the hotel. She told him to leave and that he was banned from the hotel.

On Oct. 10, Galligan was arrested and his cellphone was seized. The police found a compilation of videos showing 58 women in toilet stalls. Court heard that the Oct. 6 video is 46 minutes and 18 seconds in length and Galligan’s face appears on the video 13 times. It’s believed the video clips were recorded between Aug. 26 and Oct. 6.

A further 20 women were video-recorded between Oct. 6 and Oct. 8.

Of the 78 women, only six were not recorded in a state of undress or using the toilet.

No one’s face was visible on the video, except Galligan’s. It’s not clear where the videos were taken.

Before imposing sentence, Barrett considered Galligan’s personal circumstances.

The Indigenous man’s biological mother struggled with addiction and lived on the streets in Vancouver. He was removed from her care at birth and lived in a foster home until age five, when he was adopted by the Galligans. His adoptive father died when Galligan was 19. At age 20, he left the family home to seek out his biological mother and began experimenting with drugs and alcohol.

Galligan has a number of very serious challenges, said Barrett. He struggled academically and socially in school, but got through high school. He now collects disability benefits.

He has a low IQ and has been diagnosed with schizophrenia, substance-use disorder for both cannabis and amphetamines and anti-social personality disorder. Psychiatrist Dr. Anthony Dugbartey concluded that Galligan’s voyeurism is driven by his strong sexual arousal and interest in seeing women urinating, and that he is at high risk to reoffend sexually.

Dugbartey found Galligan had little insight into his offending behaviour or his need for treatment. Galligan told the psychiatrist he breached his probation order because he wanted to fulfill his sexual desires of viewing and video-recording women urinating.

Dugbartey found Galligan to be “decidedly unrepentant and lacking in remorse,” said the judge.

“There is a need in this case to separate Mr. Galligan from the community, given his current attitude about his offending, the need to make changes in his life and the need for treatment. Without those changes being made, he poses a significant risk to the community,” said Barrett.

13Feb

Victoria taxi refused blind man service, discrimination complaint says | CBC News

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A blind man claims a Victoria taxi refused to pick him and his guide dog up, and that a second taxi driver sent by the same company scolded him on his ride home for not warning dispatchers about his disability.

The B.C. Human Rights Tribunal has agreed to hear 73-year-old Andrew McCreath’s discrimination complaint over the alleged incident, after denying Bluebird Cabs’ application last week to dismiss it.

In the tribunal’s reason for decision, McCreath claims the alleged discrimination took place after a doctor’s appointment in July 2017.

According to the documents, he asked the receptionist at the doctor’s office to call him a taxi, then went outside with his dog to wait for it.

McCreath alleges that the receptionist noticed him still standing outside when the taxi should have already arrived, so she called a second one.

He claims the first taxi driver arrived, saw he was blind and had a guide dog, and cancelled his trip.

“It’s quite humiliating,” said McCreath, who has been blind for the last 60 years and relies on his guide dog, a German shepherd named Marsh, to help him navigate his surroundings.

A taxi driver is not allowed to refuse service to a customer who is visually impaired and has a certified guide dog, according to the Guide Dog and Service Dog Act.

Bluebird Cabs denies its drivers discriminated against McCreath.

The allegations have neither been proven nor formally heard by the tribunal.

Bluebird Cabs denies its drivers were discriminatory against McCreath and applied to have his complaint dismissed. The B.C. Human Rights Tribunal rejected that application. (Facebook/Bluebird Cabs)

The 1st cab

According to the tribunal’s reason for decision, Bluebird’s GPS and dispatch records show that the first taxi arrived outside of the doctor’s office, waited for three minutes, then marked the fare as a no-show and drove off.

The first driver said he had no idea that the person he was picking up was blind because that information wasn’t on the trip profile when he accepted the call, the reason for decision says.

The driver claimed he did not see anyone who looked like they were waiting for a taxi, nor did he remember seeing a guide dog, and that’s why he cancelled the trip.

He also provided documents that shows he has taken trips with guide dogs before and after this incident.

But in his complaint, McCreath claims — based on his alleged conversation with the second cab driver — that the first driver did see him and chose to leave.

The 2nd cab

When the second cab arrived, McCreath alleges the driver told him the first cabby had an allergy and that’s why he couldn’t drive him, according to the tribunal documents.

McCreath also claims the second driver immediately scolded him for not informing Bluebird of his disability and requirements, then chastised him for the entire drive home.

The tribunal documents show Bluebird did not deny what the second driver said, and that no affidavit was submitted by the driver of the second cab.

2015 case favoured driver

During an application for dismissal, the tribunal only considers whether the allegations as stated violate B.C.’s Human Rights Code, and does not consider any defence or alternative theories.

In this case, “the allegations in the complaint go beyond conjecture and speculation and allege an arguable contravention of the code,” tribunal member Pamela Murray said in her decision.

The tribunal will now hold a hearing to determine whether McCreath was discriminated against.

It’s not the first time McCreath has taken a complaint about a taxi company to the B.C. Human Rights Tribunal. In 2015, he filed a complaint against Victoria Taxi for refusing him service because the driver said he had an allergy to dogs.

The tribunal ruled in favour of the driver in that case.

31Jan

Family of murdered Kelowna man accepts killer’s courtroom apology | CBC News

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Steven Pirko, a Kelowna man who interrupted a fist fight and bludgeoned his unsuspecting victim to death with a hammer, has been handed a life sentence with no chance of parole for 11 years.

B.C. Supreme Court Justice Allan Betton delivered the decision at the Kelowna court house on Friday at Pirko’s sentencing hearing for the second degree murder of Christoper Ausman.

Pirko, 27, stood in court and apologized to Ausman’s daughter and other family members seated in the court room gallery. 

“I wish I could take back what I did,” Pirko said while facing Ausman’s family.

“I just want to say I am very, very sorry for everything I put you through. It makes me sick how sad that little girl is and how sad you all are.”

Killing happened during fist fight between strangers

The killing happened during a senseless fist fight between two strangers in the early morning hours Jan 25, 2014.

Pirko was walking with his friend Elrick Dyck along Highway 33 in Kelowna’s Rutland neighbourhood. The pair had been drinking and Dyck was challenging people they came across to a fight.

He found a willing combatant in Ausman who was walking alone on the other side of the highway.

Ausman, 32, had also been drinking that night and he ran across the road to take Dyck on when he was challenged.

Ausman started to gain the upper hand and just over a minute into the fight Dyck called to Pirko for assistance.

Pirko took a hammer he was carrying and struck Ausman repeatedly from behind.

A Supreme Court judge gave 27-year-old Steven Randy Pirko a life sentence in prison on Friday. Pirko will be eligible for parole in eight years due to time already served. (Facebook/Crime Stoppers Central Okanagan)

“Of all of the options available to Mr. Pirko he went to the hammer,”  Betton said during the sentencing hearing on Friday.

“He struck Ausman in the leg and then went directly to his head.”

Pirko hit Ausman more that a dozen times with the hammer including three fatal blows to the head.

Ausman’s body was found in a pool of blood later that morning by an RCMP officer.

Pirko was captured on a nearby restaurant’s surveillance camera and identified as a suspect. 

Ironically, the security camera was only installed by the restaurant’s owner because of a break-in Pirko had previously committed to steal two bottles of alcohol from the business.

Life sentence with 11 years of parole ineligibility 

Pirko was was arrested in 2016 and charged with second degree murder.

Last July, a jury found him guilty of second degree murder — a crime with carries a life sentence.

On Friday Betton handed Pirko a 11-year period of parole ineligibility.  

Christopher Ausman’s brother Kelly Ausman and his mother Annie Hutton wearing blue shirts with angle wings and Chris’ initials outside Kelowna’s court house. (Brady Strachan/cbc)

After the sentencing hearing Ausman’s brother Kelly said he accepts Pirko’s apology.

“I truly believe there was remorse in that apology,” he said.

“There will never be forgiveness, but I hope nothing but positive throughout his life. You know, do something good for yourself and honour my brother.”

Ausman’s mother Annie Hutton embraced Pirko’s mother in court after the hearing. Hutton said she is ready to move on from the tragedy.

“In the whole big scheme of things, nobody really wins at this. Three young men collided that night. Three worlds got changed horribly,” she said.

“It’s a very sad, sad scenario. We can move forward now to start a new journey.”

Although Pirko was handed 11 years of parole ineligibility, he will be able to apply for parole in just over eight years because the court credited him with 947 days served for the time he spent in custody awaiting trial. 

Kelly Ausman said his family has no plans to petition the parole board to keep Pirko incarcerated when he finally is able to apply to be released from prison.

“Now we are hoping just for some closure so that we can find peace with Chris not here, but hold onto his memory in our hearts,” he said.

30Jan

Kelowna family speaks out at sentencing hearing for man found guilty in son’s beating death | CBC News

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Family members wept in B.C. Supreme Court in Kelowna, B.C., as they described the heartache and longing they’ve suffered since Christopher Ausman was violently killed six years ago.

Ausman was struck multiple times in the head with a hammer wielded by Steven Pirko during a skirmish along Highway 33 in the Okanagan city in the early morning hours of Jan. 25, 2014.

Ausman was the 32-year-old father of a daughter who was 10 at the time.

His daughter, Dylynn Couttie, fought back tears in a the courtroom as she described the pain and social anxiety she has felt since she lost her father.

“I will never be able to know who my father was. I can only hear about who he was,” she said, reading from a victim impact statement on Thursday.

“I will never remember what his voice sounded like or how he dressed.”

Ausman’s mother Annie Hutton told the court she has been living “every parent’s nightmare” since her son was murdered.

“What is left is nothing short of a living hell,” she said. “My shattered heart will never heal.”

Killed during early morning fist fight

The court heard how Ausman died of blunt-force trauma to his head during a fist fight with a stranger he encountered on the street.

Ausman was walking alone along the highway when he was challenged by Priko’s friend Elrich Dyck from the other side of the roadway.

Ausman ran across the street and engaged in a ‘consensual fight’ with Dyck, according to Crown prosecutor David Grabavac.

When Ausman gained the upper hand just over a minute into the fight, Dyck called out for Pirko to help him.

A Supreme Court judge will sentence 27-year-old Steven Randy Pirko on Friday for the second degree murder of Christopher Ausman. (Facebook/Crime Stoppers Central Okanagan)

Pirko raised a hammer he had been carrying and struck the unsuspecting Ausman in the head three times from behind, Grabavac said.

“Pirko intended to cause his death or intended to cause bodily harm that he knew was likely to cause his death,” said Grabavac.

“He knew the damage a hammer could do to Ausman’s head prior to striking him.”

Ausman’s body was later found on the street by the RCMP.

Pirko was identified as a suspect when he and Dyck were captured on a nearby restaurant’s security camera.

Ironically, it was the same restaurant that Pirko previously broke into to steal alcohol — an incident that prompted the business’ owner to install the security cameras that later filmed Pirko the morning of the killing, according to Grabavac. 

Pirko was found guilty of second degree murder by a Kelowna jury last June.

Second degree murder carries an automatic life sentence with no eligibility for parole for at least 10 years.

Troubled upbringing

On Thursday the court heard how Pirko, who was only 22-years-old at the time of the murder, had a troubled upbringing of poverty, homelessness, neglect and substance abuse.

Grabavac argued those facts didn’t reduce his moral culpability and asked Supreme Court Justice Allan Betton to set parole ineligibility at 12 to 15 years.

Pirko’s lawyer asked Betton for a period of 10 years before Pirko is eligible for parole.

Betton is expected to hand down his sentencing decision on Friday.

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