Trio acquitted of first degree murder, but guilty of lesser charges

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The death of Calgarian Karson Goodeagle following a swarm outside a Beltline convenience store was not a planned and deliberate murder, a judge ruled Thursday.

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And Judge Suzanne Bensler also said Goodeagle was not confined to a store on 11th Avenue SW Circle K moments before the fatal attack.

As a result, Bensler said, Tyrell Noskiye, Dwayne Turner and Yayhe Gabad were not guilty of first degree murder in the Goodeagle stabbing on January 5, 2020.

But the Court of Queen’s Bench judge said Crown prosecutors Ken McCaffrey and Scott Wilson had established that all three took part in the deadly attack, with Noskiye inflicting fatal stab wounds to the woman’s chest. victim.

Bensler convicted Noskiye of second degree murder and convicted Turner and Gabad of manslaughter.

She led the three men and a fourth attacker, Timothy Jones, who died of cancer in February, swarmed Goodeagle in the parking lot outside Circle K after he left the store.

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But Bensler said there was no evidence to support the Crown’s claim that the group planned and deliberated the fatal attack.

She said a phone call Turner received just before the attack was not enough evidence for her to find it to be a catalyst for the attack.

“I cannot conclude beyond a reasonable doubt that he received instructions to assault Mr. Goodeagle,” Bensler said.

“There was no other evidence that the attack was planned and deliberate.”

She also dismissed the Crown’s suggestion that Goodeagle was indeed confined when he entered the store as he had no alternative but to emerge and confront his attackers.

“The Crown must establish that the defendant intended to deprive his victim of the freedom to move from place to place,” Bensler said.

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“I find no evidence of illegal detention.”

Goodeagle suffered six stab wounds, five of them major, and multiple blunt trauma as he was repeatedly punched and thrown to the ground in the store’s parking lot.

Bensler said CCTV footage from nearby businesses showed Noskiye making at least two to three pushing motions that she discovered were stabbing.

Accordingly, she concluded that his actions showed that he had the intent necessary to be convicted of second degree murder.

But because blunt force injuries did not contribute to Goodeagle’s death, neither Turner nor Gabad had the same murderous intent.

As a result, she found them guilty of manslaughter.

At the request of defense attorney Rebecca Snukal, Bensler ordered that a pre-sentence report be prepared on Turner.

Neither Clayton Rice, Gabad’s defense attorney, nor Shaun Leochko, who represents Noskiye, have requested background reports for their client.

A date for their sentencing hearing will be set for June 24.

All three remain in detention awaiting sentencing.

KMartin@postmedia.com

Twitter: @KMartinCourts

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