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A Calgary man who got into a drunken fight with his friend and stabbed him 12 times with a pair of scissors is at risk of deportation, court heard at his sentencing hearing on Friday.
Hans Jimenez Varela, 30, has admitted to killing 28-year-old Jose Miguel Gutierrez Polanco on Jan. 28, 2024.
Jimenez Varela was initially charged with second-degree murder. But when his jury trial was just about to begin in April, he instead pleaded guilty to manslaughter.
On Friday, Crown prosecutor Terrence Mazerolle proposed an eight-year prison sentence.
Defence lawyer Jason Wuttunee asked the judge to consider a conditional sentence order, or in the worst-case scenario, a time-served sentence that would allow him to appeal deportation and fight to stay in Canada with his family.
Jimenez Varela has been in custody since his March 2024 arrest. He did not apply for bail.
“It wasn’t one shove; it wasn’t one blow; it wasn’t one careless movement. It was repeated 12 times,” said Mazerolle in his arguments for an eight-year prison sentence.
“There are obvious public policy reasons for why it would be important and useful for his rehabilitation that he remain in Canada,” said Wuttunee, who argued his client was provoked and acting out of self-defence.
Court of King’s Bench Justice Christopher Simard is expected to deliver his decision on Jimenez Varela’s fate on Sept. 10.
Victim invited killer over for drinks
According to an agreed statement of facts read aloud in court, the two men met through work at a local construction company, roughly a year before Gutierrez Polanco was killed.
They didn’t hang out alone often. But on the evening of Jan. 27, Gutierrez Polanco invited Jimenez Varela to his apartment for drinks. They became “severely intoxicated” as the night went on.
According to the agreed statement of facts, the offender said Gutierrez Polanco started a fight, demanding respect regarding his age and background. The verbal confrontation turned physical.
Gutierrez Polanco shoved Jimenez Varela, who hit his head on the wall. Jimenez Varela tried to stop him and at one point tried to leave, but Gutierrez Polanco punched him in the head, said the agreed statement of facts.
Jimenez Varela grabbed a nearby pair of scissors and stabbed Gutierrez Polanco 12 times: five times in the neck, six times in the torso and once in the arm. Three of those wounds could have been fatal, said the agreed statement of facts.
Around 5:30 a.m. on Jan. 28, CCTV captured Jimenez Varela leaving the apartment. He resumed life as normal, said the agreed statement of facts.
Gutierrez Polanco’s body was found 17 days later in “a state of advanced decomposition” by his property manager.
‘He was a good friend’
Simard heard Jimenez Varela’s family immigrated to Canada as refugees due to threats they were receiving in Colombia. His parents moved first, and he was raised by extended family for six years before he joined them. Court heard he struggled in that time.
He’s the only person in his family who does not have Canadian citizenship. He has permanent residence status. He’s now at risk of being deported to Colombia.
Through an interpreter, Jimenez Varela apologized for the damage he caused to the victim’s family, as well as his own.
“He was a good friend of mine, and I also feel his loss,” said Jimenez Varela.
Sister brought ashes to Mexico
Gutierrez Polanco’s younger sister submitted a victim impact statement read aloud at the hearing. The two are less than a year apart in age.
She wrote that bringing her brother’s ashes back to Mexico was the most difficult thing she’s done.
“I always think it’s just a dream and maybe he will call me, text me, but it does not happen,” she wrote.
“Nothing I’ve been doing will bring my brother back to me. He is always on my mind and will be forever.”