Appeals of two men convicted in the swarming death of Calgary teen Lukas Strasser-Hird were dismissed by the Supreme Court of Canada Friday.
Franz Cabrera and Assmar Shlah were convicted of second-degree murder by a Calgary jury in June 2016, with Shlah’s parole ineligibility set at 12 years and Cabrera’s at 15.
In their Supreme Court hearing, Cabera’s lawyer Gavin Wolch argued Strasser-Hird would’ve died regardless of his client’s actions.
“Lukas Strasser-Hird would’ve died whether or not Franz Cabrera ever stepped foot in that alley,” said Walsh , addressing the judges.
“The fatal injuries, Justice Brown, were inflicted by Nathan Gervais with a folding knife he got from his car before Franz Cabrera ever arrived in that alley.
“There are two issues that are really deeply interwoven for your consideration: the first one is that the jury was not properly instructed. The second is that the verdict was unreasonable.”
The Alberta Court of Appeal heard appeals by both men in May, upholding the convictions.
Due to one of the three judges issuing a dissenting opinion, saying she would have acquitted one and ordered a new trial for the other, both Shlah and Cabrera were able to take their cases to the Supreme Court.
Shlah and Cabrera were among four men convicted in Strasser-Hird’s death. Nathan Gervais, who fled justice to Vietnam before being returned to Canada, was convicted of first-degree murder.
A fourth man, Joch Pouk, was convicted of manslaughter.
Strasser-Hird was killed on Nov. 23, 2013, in a downtown Calgary alleyway behind what was then the Vinyl nightclub on 10th Avenue S.W.
No written judgment was available as of Friday evening.
On Twitter: @zjlaing
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