Crown calls for tough sentence in son-in-law murder case

Prosecutors argued Wednesday that it was an act of vigilante justice in the face of frustration with the family court process when a 75-year-old Edmonton man murdered his son-in-law.

In June, a jury convicted Roberto Robles of second-degree murder in the 2016 death of Armando (Mandy) Aspillaga. Prosecutors argued at trial that Aspillaga was in the midst of a bitter divorce with Roberto Robles’ daughter Flavia Robles when the older man ambushed Aspillaga with a pellet gun and two knives.

“What’s motivating him is a desire to rid his family of what he perceives to be pestilence,” Crown prosecutor Mark Huyser-Wierenga said, adding to fellow prosecutor Aaron Pegg ’s argument that with Aspillaga gone, Roberto Robles has “achieved his aims,” which he said the court must denounce through its sentence.

The vigilante element was one of a number of aggravating factors the prosecutors argued are present in the case, which they say support the elderly man’s parole ineligibility period being set at greater than 10 years but fewer than 15 years.

A second-degree murder conviction comes with an automatic life sentence in Canada, and the period of ineligibility to apply for parole can be set for anywhere between 10 years and 25 years. Defence lawyer Mike Danyluik argued for the minimum period of 10 years.

With the most lenient possible sentence, Robles, who court heard is suffering from dementia and other health concerns, will be 85 years old before he is allowed to apply for parole.

Prosecutors said that during an interview with police, Robles repeatedly spoke about how the death amounted to “justice” and denigrated Aspillaga, calling him lazy and a “rat.” He told police that Aspillaga had been insisting on equal parenting time with his daughter and 50 per cent of the couple’s assets.

But Danyluik argued that the Crown is misconstruing hatred

What could be working well at a moment like this? When your soul is broken and you don’t have your son?

for vigilantism.

“This was just personal. It had nothing to do with the law,” he said.

Court also heard 15 victim impact statements from Aspillaga’s friends and family, which painted a picture of a committed friend, hardworking man and doting father. Aspillaga’s sister Adelaida Puente delivered both her own and her mother’s statements in Spanish, which were followed by English interpretations.

Aspillaga’s mother Georgina Aspillaga Lombard wrote about being in physical pain at the loss of her child.

“What could be working well at a moment like this? When your soul is broken and you don’t have your son?”

The women live in Cuba and travelled to Edmonton for the court proceedings. They also made a failed attempt in family court to fight for the right to visit Aspillaga’s daughter.

Danyluik argued that the murder was a single “aberration” in his client’s otherwise law-abiding, productive life.

He read a letter to the court in which his client apologized to both his victim’s family and his own.

“I would prefer to be dead now than to see all the pain I have caused,” Danyluik read as Robles stood in the prisoner’s box crying.

Flavia Robles and her mother Pilar Robles each filed a letter of support for Roberto Robles, describing a caring, hardworking family man. Flavia Robles said she was accused of being the “mastermind assassin” behind Aspillaga’s murder by his friends, and that she fears for her safety.

Several other community support letters were filed on behalf of Roberto Robles.

Court of Queen’s Bench Justice Dawn Pentelechuk is expected to deliver her decision on sentencing on Aug. 10.