A judge said on Wednesday it was “ironic” that a man who came to Canada from Colombia to avoid violence directed at his daughter would die from the same type of aggressive behaviour.
Court of Queen’s Bench Justice Ged Hawco said in sentencing Chantelle Campbell to life with no chance of parole for 14 years and Jarod Henry to life without parole for 12 years for second-degree murder that it was “unprovoked and sad” that John Fernando Herrera Garcia had such violence directed his way in May 2012 as he walked home with his groceries in the inner-city Beltline District.
The 49-year-old man spent the next four months in a vegetative state before he died from his injuries.
Hawco said he gave Campbell, 30, a lengthier period of time before she can apply for parole because she was more heavily involved.
“I am satisfied that Ms. Campbell was the primary aggressor , that Mr. Henry was a more than willing participant in the beating,” said the judge. “I am satisfied that there are exceptional circumstances and the 10 years minimum should not apply.”
Campbell read a lengthy apology letter in court, saying how sorry she was for her actions that night.
However, Crown prosecutor Ken McCaffrey, who had argued for 15 years parole time for Campbell and 13 for Henry, said the apology was little more than “good optics.”
“Sorry, I don’t accept what she said,” McCaffrey told reporters outside court. “I don’t wish her ill will, I wish her the best and hope she makes better decisions.
“Quite clearly, Ms. Campbell has a lengthy record criminal record for breaching court orders she’s been given. She was under a probation order at the time of this offence. She was the aggressor but Mr. Henry was still involved.”
A jury of eight men and three women took about 10 hours on Sept. 28 to convict the pair for causing the death of Herrera Garcia, an engineer originally from Bogota, Colombia, who was working in Calgary.
Widow Gloria Herrera, left, and her sister Mireya outside court on Sept. 25, 2015.
Gloria Herrera, who now lives in Boston and attended the trial but not sentencing, said she also believes her husband’s killers deserve a second chance and will make the best of it.
“It is a horrific experience that I sincerely hope will be a lesson to us all,” Gloria Herrera said outside court on the morning jury began deliberating.
“To that end, I have no words to fully articulate what I have endured the last three years. My reality has been severely altered due to the loss of my husband. I must now confront what will be a difficult road, especially as a widow with very young children to raise.”
Herrera, who travelled here with sister Mireya for the trial, said after hearing all the evidence and observing the accused in court, she hopes they will become better citizens.
“Whatever the verdict and legal repercussions, may God provide these troubled youths with enlightenment and wisdom to make positive changes in their lives,” Gloria said in reading a prepared statement. “I hope they come to understand how misguided their actions were on that fateful night.
“May these young people find peace and have genuine remorse when they are able to face their truth and take responsibility for their actions.”
Court heard during trial that Herrera Garcia was kicked several times in the head and spent four months in a vegetative state before he died from his injuries Sept. 12, 2013.
The jury also acquitted Garrett Smith, 29, of second-degree murder. He had admitted he was at the scene with the others, but did not participate in the assault.
Campbell did not testify, but Flynn had argued his client should be convicted of manslaughter. He also read an apology from Campbell to the victim’s family after making his opening statement to the jury last week.
Henry, 25, testified he had chased Herrera Garcia and, as he grabbed the victim, they both slipped on his groceries, that had fallen, and fell to the ground. He admitted kicking the man once in the butt.
Both face an automatic life sentence with no chance of parole for between 10 and 25 years.
dslade@calgaryherald.com
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