Sam and Brigette Graham are calling on prosecutors to appeal the manslaughter conviction handed down to Montana Lewis, who was originally charged with first-degree murder for the stabbing death of Sam Graham Jr.
Every July, the parents of Sam Graham Jr. gather around his headstone on his birthday to share his favourite ice cream cake — the same one his mom always made.
The annual ritual reveals just how deeply Sam and Brigette Graham are still grieving the death of their son, more than five years after the 19-year-old was fatally stabbed by the twin brother of his then-girlfriend outside a Muriel Drive home.
But last week, their endless grief turned to disbelief and outrage: their son’s killer, 23-year-old Montana Lewis, was found guilty of manslaughter by Ontario Superior Court Justice Alexander Kurke after he was tried for first-degree murder late last year.
“When the judge sits there and tells you that your son died because of vengeance, and then you say manslaughter, there’s no justice for my son — he died for nothing,” Brigette told SooToday, during a recent interview at the Graham family home.
“You’re telling me he died for nothing, and it doesn’t mean anything to anybody except for us, right? It doesn’t mean anything to anyone. That’s not fair.”
Lewis pleaded not guilty to first-degree murder in the Nov. 12, 2020 stabbing death of Graham, who died from a penetrating stab wound to his abdomen that injured the largest artery in his body, resulting in fatal blood loss.
During a 10-day trial held in October, court heard from Semiah Lewis, who witnessed the fight involving Graham and her twin brother.
Montana also took the witness stand and testified in his own defence about what happened at the Muriel Drive home.
Family and friends of Sam Jr. who were in court for the decision were shocked and angered by Kurke convicting Montana on the lesser charge of manslaughter — with much of that anger boiling over in the courtroom.
“We’re the ones that are most damaged out of all this, and they’re talking about Indigenous rights and stuff like that,” Sam told SooToday.
“Why would you let that happen to other people then — other races?”
Sam and Brigette are now calling on the Crown to appeal the manslaughter conviction, in hopes of getting Kurke’s Jan. 30 decision overturned.
The parents claim there were “significant errors” in Kurke’s assessment of the evidence during the trial, resulting in his finding that there was no specific intent to kill — despite Montana sending a text to a young woman shortly before Sam Jr.’s death explicitly stating he was going to kill him.
They’re also upset with Kurke accepting what they claim to be uncorroborated portions of Montana’s testimony while rejecting the majority of it.
Montana testified that he had been drinking wine, smoking weed and doing cocaine on the morning of Sam Jr.’s death, and that he had intentionally dropped the knife as both young men fell to the ground.
Both Brigette and Sam say there was absolutely no evidence to support either of those claims.
They contend their son’s death was caused by a premeditated, vengeful attack in which Montana showed no remorse for Sam Jr. after stabbing him twice forcefully — once in the abdomen, piercing his spine, and another in his left tricep, hitting bone and severing muscle.
Sam also alleges that Montana had asked Sam Jr. to look up the definition of manslaughter on the night before his son’s death, but the Crown chose to ignore it.
“The judge took the words from the defence, trying to paint this picture when the picture is not there,” Sam said. “It’s all lies wrapped together, trying to paint that Montana was sincere and stuff.
“But it’s not true — none of it is true.”
Sam has also sent an email to the Canadian Judicial Council, which is responsible for federally appointed judges, to lodge a complaint against Kurke.
He’s requested an investigation into his decision in the case, alleging that “inconsistencies and selective evidence handling raise questions about the judge’s objectivity and motives.”
“We’re hurt, we’re devastated. We’ve been devastated from day one,” said Sam. “That has not gone away, none of the grief has gone away.
“And we’re here today to try to get the truth out.”
It’s anticipated that a date for Lewis’ sentencing will be set when the matter returns to court on Feb. 25.
Sam and Brigette are both deeply concerned about how the sentencing hearing will play out.
“Our statements are provided to defence counsel and the defendant to see before we speak these words. So there’s no actual impact because they all read it before,” said Brigette. “Where’s the impact if you know what I’m going to say? How unfair is that?”
At one point, Sam showed SooToday Sam Jr.’s bedroom, which remains untouched to this day.
The room is adorned with pieces of Green Bay Packers memorabilia — a nod not only to his favourite team, but a love for the game he played ever since he was eight years old.
He also taught several children how to throw a football while completing his co-op placement over two years at Pinewood Public School, the same elementary school he once attended.
Brigette said her son “grew up just to be an amazing kid.”
The parents of Sam Jr. are currently in discussions with End Violence Everywhere, an advocacy group for survivors of violence, in order to bring more attention to what they believe was a gross miscarriage of justice.
“We got to get our grief out. We got to get it out, and we’re going to try to do really positive things for our community and for victim services,” Sam said.
“We’re going to really get involved with that and advocate for other people, so maybe something will change so they don’t go through this again.”
Sam and Brigette feel the loss of their son each and every day — with his bedroom, his phone and his gravesite being the only ways in which they’re able to connect with Sam Jr. today.
He’ll get his favourite ice cream cake again when his family acknowledges his birthday at his grave on July 26.
“He always gets the first piece,” his mother said. “I always leave him the first piece.”
– with files from Linda Richardson