Man sentenced to life for killing son-in-law
A judge sentencing a 75-year-old man to life in prison Friday said she was hard-pressed to think of another crime where the character of the offender was so incongruent with the offence.
Roberto Robles will be at least 85 years old before he has a chance to apply for parole on his sentence for the murder of his son-in-law Armando (Mandy) Aspillaga.
“Until these events he was a model citizen,” said Court of Queen’s Bench Justice Dawn Pentelechuk as she delivered her decision, agreeing with defence lawyer Mike Danyluik’s submission that the minimum parole eligibility period of 10 years is appropriate.
In June, a jury convicted Robles of second-degree murder in the 2016 death of 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.
Pentelechuk said Robles poses no danger to society and will likely be a model prisoner. The judge spoke about Robles’ earlier life — he played professional soccer in Venezuela before emigrating with his family to Canada with only $150 to his name. He and his wife built a successful life in Edmonton, and all three of their children went to university. They have six grandchildren.
But Robles’ life of hard work and dedication to his family will end in a tragedy that “shattered” two families, she said.
A second-degree murder conviction comes with an automatic life sentence in Canada — the eligibility period to apply for parole can be set for anywhere between 10 years and 25 years.
During a hearing on Aug. 1, prosecutors urged Pentelechuk to sentence Robles to a parole eligibility period of more than 10 years but fewer than 15 years. They argued there were a number of aggravating factors in the case, including the fact that it was a domestic homicide and that the killing was an act of vigilante justice carried out because of Robles’ frustration with the family court system. They also contended that he lacked true remorse.
Pentelechuk rejected the argument about vigilantism, and found the remorse Robles expressed in an apology letter read in court was genuine.
“I do accept that he is truly sorry,” the judge said.
The judge also offered condolences to Aspillaga’s family. His mother sat in the courtroom gallery crying as the judge read her decision.
“It’s very easy to say sorry,” Georgina Aspillaga Lombard said, speaking through an interpreter outside the courtroom after the decision.
The grief-stricken mother said she hoped for a lengthier period of ineligibility.
“The life of my son doesn’t have value,” she said.
The mother and Aspillaga’s sister travelled to Edmonton from Cuba to attend the trial, but the sister had to return in early August. They were supported in court by Aspillaga’s Canadian friends, many of whom filed victim-impact statements that described Aspillaga as a hard worker who doted on his daughter.
Aspillaga Lombard said she remains devastated she isn’t allowed to see her son’s young daughter. She had sought visitation rights in family court, but a judge rejected the application.
Pentelechuk also agreed to the defence’s request to make a recommendation that Robles serve his sentence at the Drumheller Institution. Court heard that Robles is beginning to suffer from dementia, in addition to other physical ailments. He also is depressed, and his doctor supplied a letter to the court with the opinion that his condition will decline in prison.
Pentelechuk said the “harsh reality” is that, given Robles’ poor health and age, it is quite possible he will die before he has a chance to apply for parole.