Man found guilty in 2018 death
On an October night in 2018, Miguel Lane left his girlfriend and others at a Regina restaurant, having uttered a few parting words that would prove tragically untrue. “I'll be right back.”
But it was his final words regarding the man he left with — Austin Yates — that would prove the most critical. Having been found shot on a Regina street, Lane made to police what was deemed in court a “dying declaration,” one that ultimately led to Yates's conviction for manslaughter on Monday.
“When, in answer to (Regina Police Service) Sgt. (Scott) Duncan's question `who shot you?', Miguel Lane answered `Austin Yates. He's a friend of mine,' this was not entirely accurate,” said Queen's Bench Justice Neil Robertson in reading from his 16-page trial decision on Monday. “Austin Yates did not fire the gun. And Austin Yates did not behave as a friend. But Austin Yates was responsible for his death. Austin Yates conceived, planned, orchestrated, participated and profited from the robbery which resulted in the death of Miguel Lane.”
Having found Yates, 24, guilty as charged, Robertson conceded to a request from co-crown prosecutor Adam Breker to adjourn sentencing. Yates, who was previously released on conditions, will be allowed to remain in the community in the meantime.
Sentencing submissions were set for July 28.
In finding Yates guilty, Robertson determined he and Kayle George — who previously received a 15-year sentence after pleading guilty to manslaughter in Lane's death — “formed a common intention” to commit a robbery.
The judge found each man sought to obtain drugs and/or cash from Lane, said to have been known by Yates for his involvement in drug trafficking at the time.
Robertson said while Yates didn't actually pull the trigger on
Oct. 23, 2018, he knew George had brought with him a loaded gun to be wielded during the robbery.
“(Yates) was a full participant,” Robertson said.
“Without his participation, the robbery of Miguel Lane would not have occurred. Nor would his death have resulted.”
Court heard Yates came up with the idea to rob Lane and sought out a vehicle to use to commit the crime.
Having been turned down by one person, he was successful after approaching George. The two conspired to rob Lane and split the profits 50-50.
Yates contacted Lane under the guise of setting up a drug purchase. Using the vehicle provided by George, the two — along with a woman who would provide evidence against Yates at trial — drove to meet Lane at Original Joe's on Albert Street. There, Yates went in to find him.
Lane, in possession of a large amount of cocaine, was persuaded to climb in with the group and was surprised by George and his firearm, Robertson said. The group drove a short distance, until a struggle between Lane and George spilled onto the street on Sinton Avenue.
Area residents described hearing what proved to be the gunshot and seeing the car drive off.
They were then shocked to see a young man bleeding profusely on the sidewalk and lawn across the road.
Although residents, police, EMS and medical staff tried to save Lane, he died in hospital the next morning from his gunshot wound.
Defence lawyer Mervyn Shaw attempted to argue Lane actually told police, “Ask Austin Yates. He's a friend of mine,” but Robertson noted the officer in question remained firm in what he'd heard.
“I accept Sgt. Duncan's testimony as accurate,” Robertson said.
Court heard while Yates — contacted by Lane's worried friends shortly after he left the restaurant — lied about Lane's having left with them, he messaged people within hours of the shooting saying he'd come into possession of cocaine.
He was arrested the day after the incident.
Without his participation, the robbery of Miguel Lane would not have occurred. Nor would his death have resulted.