Killer’s penalty sparks debate
Burr faces automatic life sentence for second-degree murder conviction
The man convicted by a jury last week of second-degree murder in the shooting death of Duane Laybourne in a dispute over heroin should serve 15-18 years in prison before he’s eligible for parole, Crown prosecutor Andrew Barg argued on Friday.
Barg cited Christopher Burr’s extensive criminal record and the fact he was on bail for other firearms charges, for which he was also ultimately convicted, as reason for going well above the minimum 10 years parole ineligibility on his mandatory life sentence.
Defence lawyer Joan Blumer said rehabilitation was the key for asking Court of Queen’s Bench Justice Glenn Poelman to impose only the minimum 10-year period before her client can seek early release.
“There’s no reason to think that he is not a good candidate for rehabilitation,” said Blumer. “There are programs in the penitentiary that he can take and be ready in 10 years.”
Blumer also argued for enhanced credit of 1.5 to one for time her client has spent in custody since his arrest shortly after the deadly incident on Feb. 3, 2013, in the basement suite of a northeast home.
Barg balked at the application as convicted murderers, under the Criminal Code, should only get one-for-one credit for presentencing remand time.
Poelman said he would take any case law from the lawyers prior to the scheduled sentencing on Jan. 16.
Burr, 26, meanwhile, apologized to Laybourne’s widow Tammy Holzer before the case was adjourned, saying: “All I’d like to say is I’m sorry Duane passed away and I’m sorry to his family for your loss.”
Holzer stormed out of court, crying, at the killer’s brief comments.
“His apology means nothing,” said a visibly upset Holzer. “There was no emotion. It means nothing to me. This never ends. This has been going on for two years. I thought it would be over by now. When do I get my closure?”
Laybourne, 42, was shot twice by Burr after an argument between the two men over heroin at the northeast home, court heard. One bullet went through his right arm and lodged in his chest. The other bullet went through his left thigh. Laybourne was also pepper-sprayed by Burr’s girlfriend, Kylie McKinley, during the confrontation.
Laybourne was still able to walk up a flight of stairs, get into a car and drive. However, after a short distance, he pulled into an alley, stopped the car and bled to death.
His apology means nothing. This has been going on for two years. I thought it would be over by now. When do I get closure?
Burr, during trial, testified that he had been attacked by Laybourne, who had a sawed-off rifle that discharged when he attempted to hit him with it.
Burr faces an automatic life sentence with no chance of parole for between 10 and 25 years.