The death of Calgarian Karson Goodeagle following a swarming outside a Beltline convenience store wasn’t a planned and deliberate murder, a judge ruled Thursday.
And Justice Suzanne Bensler also said Goodeagle wasn’t confined inside an 11th Avenue SW Circle K store moments before the deadly assault.
As a result, Bensler said, Tyrell Noskiye, Dwayne Turner and Yayhe Gabad were not guilty of first-degree murder in Goodeagle’s Jan. 5, 2020, fatal stabbing.
But the Court of Queen’s Bench judge said Crown prosecutors Ken McCaffrey and Scott Wilson had established all three took part in the deadly attack, with Noskiye delivering fatal stab wounds to the victim’s chest.
Bensler convicted Noskiye of second-degree murder, and found Turner and Gabad guilty of manslaughter.
She ruled the three men and a fourth assailant, Timothy Jones, who died of cancer in February, swarmed Goodeagle in the parking lot outside the Circle K after he emerged from the store.
But Bensler said there was no evidence to support the Crown’s contention the group planned and deliberated the deadly assault.
She said a phone call Turner received just before the attack wasn’t sufficient evidence for her to find that it was a catalyst to the attack.
“I cannot find beyond a reasonable doubt that he received instructions to assault Mr. Goodeagle,” Bensler said.
“There was no other evidence the assault was planned and deliberate.”
She also rejected the Crown’s suggestion Goodeagle was effectively confined when he walked into the store since he had no other alternative but to emerge and face his attackers.
“The Crown must establish the accused intended to deprive their victim of the liberty of moving from place to place,” Bensler said.
“I find no evidence of unlawful confinement.”
Goodeagle suffered six stab wounds, including five major ones, and multiple blunt-force trauma injuries as he was repeatedly struck and knocked to the ground in the store’s parking lot.
Bensler said CCTV footage from nearby businesses showed Noskiye make at least two to three thrusting motions she found were stab wounds.
As a result, she found his actions showed he had the necessary attempt to be convicted of second-degree murder.
But because the blunt-trauma injuries didn’t contribute to Goodeagle’s death, neither Turner nor Gabad had the same deadly attempt.
As a result, she found them guilty of manslaughter.
At defense lawyer Rebecca Snukal’s request, Bensler ordered a presentence report be prepared on Turner.
Neither Clayton Rice, the defense lawyer for Gabad, nor Shaun Leochko, who represents Noskiye, asked for reports on their client’s backgrounds.
A date for their sentencing hearing will be set June 24.
All three remain in custody pending sentencing.