Man gets 5 years for death during botched robbery

Dealer died after inhaling bear spray in struggle over his drug stash

His own bear spray contributed to the death of homeless Calgary drug dealer Christopher Tooley.

But another man will pay for his untimely demise.

Rory Stevens was handed the equivalent of a five-year prison sentence on Friday after pleading guilty to manslaughter and robbery in the Oct. 11, 2015, death of Tooley, 33.

Tooley died after Stevens, armed with a knife, attempted to steal his drug stash in a Beltline area parking lot.

During the ensuing struggle, Tooley called for assistance from a nearby friend, Sean Gunn, who raced over and kicked Stevens several times.

According to a statement of facts read in court, at one point in the al- tercation, Tooley’s bear spray can fell to the ground, and Gunn, in attempting to spray Steven, spread the irritant into the air and it came into contact with the deceased.

Stevens then fled and Gunn took chase.

“As the accused and Gunn were leaving the parking lot, Tooley was seen to stagger and lay down,” Crown prosecutor Adam Drew said, reading from the court exhibit.

By the time first responders arrived less than five minutes later, Tooley was dead.

An autopsy performed by Dr. Bamidele Adeagbo determined Tooley died of “complications from sharp and blunt force trauma and reactive airway disease.”

“The reactive airway disease was triggered, in the opinion of Dr. Adeagbo, by the deployment of bear spray at the scene,” Drew said.

Adeagbo also determined Tooley had highly elevated levels of a blood enzyme, which is a common indicator of death by anaphylaxis, or severe allergic reaction.

Justice Jolaine Antonio was told Tooley had underlying health issues that ultimately caused his death, which were triggered by his injuries, including a superficial knife wound, the exertion of the altercation and being bear sprayed.

“It is accepted and admitted by the accused that, but for his attempt to steal Tooley’s bag, a fight would not have ensued and bear spray would not have been discharged,” Drew said.

“As such, the accused admits culpability for the charge of manslaughter.”

Defence lawyer Kelsey Sitar said her client was deeply remorseful and noted his actions would not normally have led to a death.

Before sentencing Stevens addressed the court.

“I am truly sorry for what has happened, not because I’m being punished, but because someone lost a life,” he said.

“I hope the family will someday forgive me for their suffering, but I will understand if they don’t.”

With credit for pre-trial custody, Stevens will have another 43 months to serve.