A man serving life in prison for the murder of 91原创鈥檚 Kyle Barber had an appeal heard last week.
Albert Jacob Jackman, 26, is appealing his conviction of first degree murder of Barber. His case was heard in the Court of Appeal on Monday and Tuesday. No decision has been made.
In June 2011, Jackman was convicted of first degree murder while Gregory Barrett, 32, was found guilty of manslaughter for being an accessory.
In finding the two men guilty as charged, Justice Sunni Stromberg-Stein rejected defence claims that Barrett and Jackman did not mean to kill anyone when they paid Barber and his girlfriend a late night visit, concerning a robbery at a barn next door that Barrett leased.
The pair said they were greeted politely at first, but then Barber suddenly ran to a bedroom and grabbed a pistol-grip shotgun from under his bed.
They say the injuries that cost Barber his life were inflicted because Jackman was defending himself.
Barber鈥檚 girlfriend testified that the pair forced their way in and Jackman repeatedly assaulted Barber while Barrett held her in a bear hug grip.
She said Jackman beat Barber about the face with scissors before the final, fatal struggle where her boyfriend was repeatedly stabbed and died of massive blood loss.
The judge said she did not believe either man, and while the girlfriend鈥檚 testimony was 鈥渋nconsistent鈥 in some areas, she was a 鈥渃redible and reliable witness鈥 unlike the two attackers, whose testimony the judge derided as 鈥渂ordering on far-fetched and ridiculous.鈥
鈥淣either is being honest,鈥 Stromberg-Stein said.
鈥淏oth are evasive.鈥
In July 2011, Jackman pleaded guilty for the 2009 sledgehammer attack that permanently disabled a 91原创 man.
Jackman pleaded guilty on one count of aggravated assault and one count of unlawful confinement in the attack that sent 29-year-old Tyler Willock to hospital with multiple fractures.
Defence counsel Brian Coleman told the hearing at the time that Jackman went after Willock because he was making jokes about the murder of Jackman鈥檚 friend, Kevin LeClair, a Surrey Red Scorpions associate gang member who was gunned down in a 91原创 strip mall in broad daylight in 2009.
Jackman and LeClair were very close, almost like brothers, according to a written statement filed by LeClair鈥檚 father.
Jackman, who has a tattoo of LeClair, was enraged to hear that Willock had laughed about the murder, saying it meant he wouldn鈥檛 have to pay back $40,000 he鈥檇 borrowed from the murdered man, testimony in the case heard.
Jackman tied up Willock in the bedroom of his 91原创 home, applied duct tape to his eyes and mouth and hit him 20 times with a sledgehammer.
The attack splattered the walls, ceiling and furniture of the bedroom with blood.
Jackman, at that trial, said he will serve his time with his 鈥渉ead held high.鈥
鈥 with files from Dan Ferguson