Previously convicted killer set free after Alberta Justice declines to prosecute 2nd trial

A Calgary man previously convicted of second-degree murder and sentenced to life in prison is now a free man.

Christopher Burr, 27, was convicted by a jury of second-degree murder in December 2014 in the February 2013 death of Duane Laybourne. His widow, Tammy Holzer, thought justice had been served.

But Burr appealed, the conviction was quashed and a new trial was ordered.

READ MORE: ‘Like being a victim all over again’ – family outraged over new trial

Now, to make matters worse, Alberta Justice has decided not to prosecute the case a second time.

“It’s maddening. I’m angry and I’m getting really no answers.”

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“The impression that I get is they just don’t want to put any more time and money into it,” Holzer said.

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Alberta Justice told Global News the decision regarding Burr’s case was not taken lightly, but after a review of the file, the Crown felt there was no reasonable likelihood of conviction.

Holzer feels it doesn’t add up.

“There was enough evidence and they found the evidence reliable enough for the first trial…so why all of a sudden have they decided these witnesses are not reliable enough to take it to another trial?”

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Holzer tried to stop Alberta Justice from following through with the decision, but said she was told it’s a done deal.

READ MORE: Man convicted of second-degree murder for 2013 Tuxedo Park killing

Burr was originally sentenced to life in prison with no chance of parole for 14 years. In the end, he served less than three-and-a-half years.

“It’s devastating. It’s heartbreaking. Three-and-a-half years. We were robbed of an entire lifetime and he got three-and-a-half years, and he’s just out walking the streets.”

Court heard Laybourne’s death was fueled by drugs.

Global News was unable to reach Burr for comment.