Calgary Herald

Gangster convicted, 2 others acquitted in plot to murder rival gang member

- KEVIN MARTIN KMartin@postmedia.com Twitter.com/KMartinCou­rts

FOB gang member Trong Nguyen conspired to murder a rival gangster and tried to coax a police agent into carrying out the killing, a judge ruled Friday.

Justice Beth Hughes found Nguyen wanted (Fat) Vinh Trong dead and attempted to get the Crown’s star witness, a confessed killer who can only be identified by the pseudo-initials AB, to do it.

But Hughes said the Crown failed to prove beyond a reasonable doubt two other accused, Henry Le Nguyen and Byran Balla, were part of the murderous plot.

The Court of Queen’s Bench judge agreed with Henry Nguyen’s lawyers, Tonii Roulston and Andrea Urquhart, along with Balla’s lawyer, Gavin Wolch, the case against their clients had failed.

Hughes found the Crown had establishe­d Trong Nguyen was part of a conspiracy to murder Trong.

“AB’s testimony, the surveillan­ce evidence and the intercepte­d conversati­ons establish there was an agreement to murder Fat Vinh on Sept. 9, 2012, at the Mountain View Cemetery,” she said in her written decision.

“The plan was that Trong Nguyen would be the ‘spotter’ and either AB or Henry Nguyen would be the shooter. The other would be the driver.

“When AB was not able to participat­e in the plan because he was ‘arrested,’ ” Hughes said of the witness’s detention by police that morning to maintain his cover, “Byran Balla stepped in to take AB’s place.”

It was believed Fat Vinh would be at the gravesite to commemorat­e a fellow gangster’s murder a year earlier.

She said the plot was abandoned when the group showed up at the cemetery and discovered police were present.

But while Hughes found Trong Nguyen conspired with the others to murder Trong, the prosecutio­n had not establishe­d beyond a reasonable doubt the participat­ion of the co-accused in the conspiracy, she said.

AB was a former FOB member who became a police agent in 2010 after approachin­g the authoritie­s. He was granted immunity in three murders for his co-operation.

Hughes also found Trong Nguyen guilty of counsellin­g someone to commit murder.

“AB’s evidence establishe­s Trong Nguyen actively induced him to commit the offence of murder,” she said.

At defence lawyer Adriano Iovinelli’s request, Hughes ordered probation officials in the location where Trong Nguyen is currently living to prepare a pre-sentence report.

Hughes granted Iovinelli’s request to impose a publicatio­n ban on where his client is now living, for security reasons. She also said the offender could remain at liberty pending sentencing.

Crown prosecutor Steven Johnston has asked Hughes to revoke his bail in light of the conviction­s.

“The Crown is going to be seeking a substantia­l penitentia­ry sentence,” Johnston said.

A sentencing date will be set June 1.

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