GUNMAN CUTS DEAL
SHOOTER TO TESTIFY IN BOLSA DEATHS
Ex-gangster Michael Joseph Roberto has cut a deal with the Crown and police, admitting to conspiring to murder or endanger the lives of four people for the benefit of a criminal organization, including fatally shooting one-time rival gang member Sanjeev Mann at Bolsa Restaurant on Jan. 1, 2009.
But as part of what prosecutor Brian Holtby admitted he doesn’t think would be wrong to characterize as “a deal with the devil,” Roberto did not plead guilty to murder.
“The fact is we had no other alternative,” Holtby told reporters after Court of Queen’s Bench Chief Justice Neil Wittmann sentenced Roberto to 16 years on a joint submission with defence lawyer Paul Stern.
“Part of the negotiation process, of course, he was not prepared to co-operate with the Crown or the police if he was forced to plead guilty to firstdegree murder and was sentenced to life imprisonment with no parole for 25 years. So, as a compromise, we agreed he plead guilty to a criminal organization charge admitting the murder, because we thought it was important the truth came out, but facing a lesser sentence.”
Wittmann said the plea deal is limited immunity for Roberto, who still has to comply with the deal by giving testimony to prosecutors, police and under oath.
“In accepting this joint submission, I note that some members of the public and indeed some members of the judiciary may find it distasteful or repugnant to our sense of justice to accept a plea bargain such as has been put before me today,” said Wittmann. “But public distaste, in my view, should not trump the difficult reality of gathering admissible evidence in a prosecution of members of criminal organizations.
“It’s naive to expect that evidence is readily available but for the cooperation of this accused in these circumstances. So I’m obliged to weigh the public interest in the administration of justice, including the cost of getting this evidence, against the reality of unsolved crimes, including murders by criminals in criminal organizations.
Roberto, 29, once a prominent member of the FOB street gang, admitted to conspiring with Zuccherato, Nicholas Chan, Timothy Chan, Dustin Darby, Hans Eastgaard and others on Aug. 9, 2008, to murder Kevin Neal Bontogon and Kevin Steve Anaya, as well as Mann.
He also pleaded guilty to discharging a restricted or prohibited weapon with intent to endanger the life of Robley Taha, and committing murder for the benefit of, or at the direction of, a criminal organization.
Roberto was convicted by a jury in October 2011 along with Nathan Zuccherato of first-degree murder of Mann, Aaron Bendle and bystander Keni Su’a at the Bolsa Restaurant, and sentenced to life without parole for 25 years.
Both men won a new trial last month based on new evidence, in which key witness MM had agreed to testify against them and Real Honorio for immunity from prosecution if MM was not a shooter. He vehemently told Mounties in Saskatchewan before the three men went to trial that he was the only shooter in Bolsa.
Holtby said MM’s statement, contrary to his immunity if he was not one of the shooters, prompted the deal with Roberto.
“The facts that came out about MM was the motivation for us,” said Holtby.
Roberto also gave statements to police that resulted in charges laid last week relating to several other murders as part of an ongoing gang war between rival FOBs and FKs that resulted in some 25 deaths over several years.
Holtby said without that evidence, which Roberto will be obliged to provide to police, the Crown and under oath at several trials as part of his plea bargain, there was no reasonable likelihood of convictions.
According to an agreed statement of facts entered by Holtby and defence lawyer Paul Stern on Thursday, Roberto admitted he and Zuccherato entered Bolsa Vietnam eatery and participated in the massacre that left Mann, Aaron Bendle and bystander Keni S’ua dead.
“When the Roberto vehicle was parked, Nathan Zuccherato immediately exited and ran into the restaurant,” said the facts giving Roberto’s account of what happened.
“Michael Roberto ran directly behind him. Nathan Zuccherato began shooting after he entered the restaurant. Michael Roberto believes Nathan Zuccherato shot and killed
Public distaste ... should not trump the difficult reality of gathering admissible evidence in a prosecution of members of criminal organizations JUSTICE NEIL WITTMAN
Aaron Bendle as planned. Michael Roberto spotted Sanjeev Mann in the restaurant and focused on him. He shot him several times and killed him. Michael Roberto then ran from the restaurant with Nathan Zuccherato. As he did so, Michael Roberto heard shots outside. He remembers seeing Real Honorio shooting in the parking area. MM and Nicholas Hovanesian were not nearby and Michael Roberto believes that Real Honorio must have killed Keni S’ua. as they left the scene, Real Honorio told him he had shot an individual outside.”
Roberto apologized in court before he was sentenced.
“I’d like to take the time to say I’m sorry for everything I’ve done,” he said. “I offer my deepest and sincerest apology to the families who lost loved ones because of me.”
Roberto and Zuccherato were con- victed by a jury last year of three counts each of first-degree murder and sentenced to life in prison with no chance of parole for 25 years. Honorio was convicted of first-degree murder of Mann and Bendle, and second-degree murder of Su’a.
The Alberta Court of Appeal last month overturned the convictions against Zuccherato and Roberto, based on new evidence, the statement given by MM to Mounties in Saskatchewan prior to the trials, which did not surface until May 2012.
Honorio’s appeal is still to be heard.
The agreement leaves Roberto with seven years and nine months to serve after double credit for more than four years already served.
Stern said outside court his client denounced his involvement with the FOB gang a number of years ago and wants to get his life back in order.
He said life in prison will not be easy for Roberto, who will be in protective custody for essentially ratting out other people. But he said his client will likely end up in an Ontario prison for his safety, away from Alberta’s gang population.
Holtby said as part of the deal, the Crown will pay for family members to visit Roberto, as he should not be in a worse position for co-operating with authorities.
Zuccherato will be back in court Aug. 16 to set a date for the Bolsa re-trial.
He was also charged with several other murders last week, along with other people for those and the Bolsa case, as a result of the evidence given by Roberto.