Sentencing delayed in slaying

Lawyers will have to determine the facts jurors found to convict three men in the swarming death of Calgary man Lukas Strasser-Hird before their sentencing can take place.

Crown and defence lawyers appeared in Calgary Court of Queen’s Bench Friday for what was supposed to be the scheduling of a sentencing hearing for the trio.

Defence counsel Jillian Williamson, who along with Balfour Der represents convicted killer Assmar Shlah, said a hearing could not yet be set. “This matter is before you this morning to set a sentencing date, but there’s difficulties doing that because we need findings of facts,” Williamson told Chief Justice Neil Wittmann.

She asked that the case be adjourned until Aug. 19, so lawyers for both sides can discuss the issue.

Crown prosecutor Ken McCaffrey said he will draft a suggested findings of facts in hopes both sides can present trial Justice Glen Poelman with a joint submission.

If not, the two sides will have to argue what they believe jurors concluded in finding Shlah and Franz Cabrera guilty of second-degree murder and Joch Pouk guilty of manslaughter in Strasser-Hird’s Nov. 23, 2013, death, McCaffrey said.

Since juries don’t give reasons for their findings of guilt, it is up to the trial judge to determine what facts they relied upon to come to their verdicts, before sentencing can proceed.

The lawyers need those findings to determine the level of culpability of each offender in terms of argu- ing a suitable sentence. Both Shlah and Cabrera are facing automatic life terms, but Poelman can set their parole ineligibility at anywhere from 10 to 25 years. The maximum for manslaughter is life, but there is no minimum sentence.