Crown seeking minimum 20 years for convicted killer Samuel Lugela

The Crown prosecutor said the factor that sets Samuel Lugela’s crime above his brother’s was the repeated court orders the killer ignored involving the possession of firearms

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The man who fatally shot Calgary Stampeder Mylan Hicks outside a city nightclub was a diagnosed psychopath and his older brother should not be punished as harshly for a similar murder, the sibling’s lawyer said Thursday.

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But Crown prosecutor Matt Dalidowicz countered that the aggravating factors in the crimes committed by both Nelson and Samuel Lugela are strikingly similar, save for one issue — the latter repeatedly ignored court orders not to possess firearms.

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Dalidowicz suggested Justice Paul Jeffrey should order Samuel Lugela to serve a minimum 20 years in prison before he can apply for full parole on his mandatory life sentence.

Defence lawyer Paul Moreau argued a 15-year term would suffice, noting the psychopathic Nelson Lugela was handed a period of parole ineligibility of 18 years.

“Nelson Lugela was diagnosed as a psychopath,” Moreau told the Court of King’s Bench sentencing hearing of older brother Samuel.

“That’s not the case here. And he (Nelson) had a record of violence,” the lawyer said.

“Eighteen years ought to be viewed as the actual outer limit.”

Samuel Lugela, 31, was convicted in March of second-degree murder in connection with the fatal shooting of Calgarian Abdurahaman Indiris outside the Portico Hookah Lounge in the early morning hours of Sept. 12, 2020.

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His younger brother is already serving a life sentence for the second-degree murder of Calgary Stampeders defensive back Mylan Hicks, who was gunned down outside a Macleod Trail nightclub four years earlier.

Dalidowicz said there were multiple similar aggravating factors in both murders which would warrant similar punishments for the brothers, including that the shootings occurred outside busy nightclubs with multiple innocent bystanders nearby.

Samuel Lugela ignored repeated court orders not to possess firearms

But Dalidowicz said the factor that sets Samuel Lugela’s crime above his brother’s was the repeated court orders the killer ignored involving the possession of firearms.

The convicted murderer was subject to both a five-year firearms ban and subsequent lifetime ban when he was arrested in July 2020 on a firearms offence.

He was released on bail in late August under conditions which included a further gun prohibition, Dalidowicz said.

“The fatal shooting of Mr. Indiris at the Portico happened 15 days later,” the prosecutor said.

“The murder was the fourth time the offender was caught possessing a firearm and the third time in violation of a firearms prohibition.”

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Dalidowicz said Jeffrey must also hand Lugela another lifetime firearms ban, despite the fact he’s already subject to one.

But Jeffrey noted that would hardly deter the offender.

“I’m not going to say this time we really mean it,” the judge said.

Before the lawyers made their submissions, Jeffrey heard a victim impact statement from the victim’s sister, Mama Indiris.

“My grief was unbearable,” the sister said, noting she rushed back from a Toronto visit when she heard her brother had been shot only to arrive at the Peter Lougheed Centre hours after he was declared dead.

“Why did this happen? Why did you have to shoot him twice?” she asked Lugela.

A date for Jeffrey’s sentencing decision will be set on June 9.

On Twitter: @KMartinCourts


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