Delon Shurtz
lethbridge herald
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
A Lethbridge man convicted more than two years ago of brutally beating and killing another man has successfully appealed his murder conviction and will be sentenced later this year on manslaughter.
Bradley Francis Gray was found guilty Nov. 27, 2009 of second-degree murder in the death of George Shawnee Many Shots in the summer of 2008 in Lethbridge. Gray appealed and argued the trial judge erred in his instructions and charge to the jury, particularly on how to assess the credibility of witnesses.
While Alberta's Court of Appeal dismissed two grounds for Gray's appeal, it found Justice D. K. Miller did not properly instruct the jury on the included offence of manslaughter, even though Crown and defence counsel advised him to do so.
"I agree with trial counsel that an instruction on manslaughter was required on the facts of this case," states Justice Peter Martin in his reasons for judgment. "Unfortunately, the instruction given was not correct. Accordingly, the murder conviction cannot stand."
Lethbridge Crown prosecutor Dave Labrenz, who, with former Crown prosecutor Greg Maxwell, prosecuted Gray, said Thursday he will need time to consider how to best proceed given the appeal court's decision.
"This decision, as with any case before the Court of Appeal, contains issues dealing with complex areas of law, and we will be undertaking a thorough review before we look at any next steps," Labrenz said.
"We believe the evidence fully supported a finding of second-degree murder and argued the same in the Court of Appeal. Obviously, the Court disagreed with us.
"Having found an error, the court elected to substitute a conviction for manslaughter which was an available option. Although we did not agree with the position that the trial judge erred, it was agreed that if there was an error, the substitution of a verdict of manslaughter was an appropriate available remedy."
The matter has been remitted to the trial judge for sentencing for the offence of manslaughter, Labrenz said, and "the Crown will, as in all cases, seek the imposition of a fit and proper sentence."
Gray was sentenced to life in prison, with eligibility for parole after 10 years, the minimum allowed. A sentence of manslaughter could also carry a life sentence, but with earlier parole eligibility.
During the trial court heard how Gray assaulted Many Shots and his brother-in-law Percy Panther Bone about 10 p.m. June 23, 2008 as they walked past his home in the 1500 block of 5 Avenue North. When Many Shots fell to the ground, Gray kicked him several times in the head and body before chasing Panther Bone, who had fled.
Crown witness Peter Lavoie, who was drinking beer with Gray that night, said he saw his friend attack the two men, but it was too dark to see what happened when Gray caught Panther Bone. However, Panther Bone testified Gray viciously beat him, as well, before returning to his home.
Gray, on the other hand, testified he never touched the two men, but saw them fighting each other. When Many Shots fell to the ground, Panther Bone kicked him and only ran away when Gray yelled at him to stop.
An autopsy disclosed that in addition to numerous severe cuts and bruises, Many Shots suffered multiple facial fractures and broken ribs. The cause of death was a ruptured abdominal artery and a lacerated liver, both caused by blunt force injury. Blood loss from the injuries led to a fatal heart attack.
Panther Bone was seriously injured, the Court of Appeal noted, and sustained a broken wrist, broken cheek bone and broken ribs, as well as extensive bruising and cuts to his body and wounds to his head, that caused intracranial bleeding.
Gray also appealed his conviction of aggravated assault for viciously beating Panther Bone, to which he was sentenced to two years in prison, to run concurrently with the murder sentence. However, the Court of Appeal dismissed that appeal.