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Subsequent Wednesday can be sentencing for 2 males charged with homicide within the deadly taking pictures of a Chestermere man in a botched house invasion theft.
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Protection lawyer Andrea Serink appeared in Calgary Court docket of King’s Bench on Friday to set that date for Choose Willie deWit’s determination.
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Jacob Tolchinsky and Richard Sikora are charged with first-degree homicide within the Nov. 26, 2018, slaying of Dennis Lewis at his Chestermere house.
Serink – who represents Tolchinsky and in addition appeared on behalf of Sikora’s lawyer, Shaun Leochko – stated the choice date was authorised by the prison court docket scheduler.
Throughout closing arguments in February, Crown prosecutor Lori Chambers stated deWit ought to discover each defendants responsible as charged, since Lewis was locked up by 4 assailants when Tolchinsky shot him.
However Serink argued the taking pictures was unintentional and pointed to her shopper’s response when the shotgun he fired went off, killing Lewis.
In an announcement to police, Tolchinsky admitted to taking pictures Lewis, however stated his rapid response to the gun being fired was to assume, “oh f. . .”
The lawyer argued this supported her shopper’s declare that he by chance pulled the set off, making her shopper’s actions manslaughter.
Leochko argued deWit ought to exonerate Sikora outright, saying the proof was inadequate to even put his shopper on the scene.
However Chambers stated DNA proof linked Sikora to the taking pictures, which she stated was an intentional act dedicated throughout a supply, making him equally responsible of first-degree homicide.
Tolchinsky confessed to police that he was one in every of 4 males who stormed the middle of Lewis’ Chestermere house that day, whereas the sufferer and his spouse, Lavern Gold, had been watching TV in the lounge. Whereas she pointed a gun at her, Gold was unhurt.
It’s the Crown’s perception that the group aimed Lewis’ gun securewhich contained 13 firearms, though Tolchinsky stated he wasn’t certain what they had been searching for, solely that it beneficial.
Each defendants stay in custody pending deWit’s ruling.
KMartin@postmedia.com
On Twitter: @KMartinCourts
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