Members of slain Calgarian Graeme McColm’s family quietly wept late Wednesday afternoon as a city jury convicted his confessed killer.
“Guilty of second-degree murder,” the jury foreperson said, as one of McColm’s relatives bowed his head and began sobbing.
Jurors deliberated about 10 hours over two days before rejecting Tyler James Redden’s claim he was acting in self-defence, in protecting his father, himself, or other family members, when he killed McColm and repeatedly shot Daniel Spagnolo.
Jurors also found him guilty of the attempted murder of Spagnolo, who survived being shot three times.
Redden testified he was following his father home the afternoon of May 18, 2023, when they had a chance meeting at a northeast Calgary truck stop with Spagnolo and McColm.
Redden said during a subsequent altercation the two men forced his father to the ground and began kicking him, leading him to pull out a handgun he had purchased earlier that day.
The accused said he bought the gun because he feared Spagnolo would show up to a planned meeting at Redden’s parents’ home for the purpose of him returning contraband cigarettes his business partner had demanded returned.
Redden testified he got in the business of selling the illicit smokes just weeks earlier, but decided he wanted out.
Crown prosecutor Carla MacPhail argued jurors should reject the accused’s testimony his father was being assaulted and he acted out of fear for both his dad’s safety and that of himself and other family members.
While Redden said he shot McColm as the victim stood over his father, initially aiming for his legs but shooting higher when he thought he would hit his dad, MacPhail said jurors should find the accused shot McColm as the latter attempted to flee the scene.
Evidence from the medical examiner said McColm was shot once in the back.
He was able to drive a short distance away before crashing his car. He was pronounced dead at the scene.
Defence counsel Alain Hepner said jurors should have accepted Redden’s claim his client feared Spagnolo, who sent threatening texts to the accused the evening before the deadly encounter.
Spagnolo himself testified, but had little recollection of events, telling jurors he didn’t know who shot him.
Following the verdict, jurors were asked to deliberate a little further on the issue of parole ineligibility. Their non-binding suggestion for Justice David Labrenz was that four made no recommendation, four suggested the minimum 10 years and two others proposed 15- and 20-year periods.
A hearing on Redden’s parole ineligibility on his mandatory life sentence will be held at a later date.
In the interim, Hepner has requested a psychological risk assessment be conducted on his client, who has been in custody since the day of the shooting.