CALGARY – Moments after sending two young men to prison for life with no chance of parole for 25 years for gunning down three men at Bolsa Restaurant on Jan. 1, 2009, a judge sent a strong message aimed at the rival FOB and FK gangs.
“The New Year’s Day tragedy, which included the execution of a thoroughly innocent man was the culmination of years of tit for tat, indiscriminate violence and murder, and all too often in locations where average citizens like Keni Su’a were going about their peaceful and lawful activities,” said Court of Queen’s Bench Justice Earl Wilson.
“The evidence is clear that the FOBs and FK members have no real idea why it came to this. The years of homicides occurred and reoccurred, but the reason how and why there is such violent animosity has been lost in the mists of time. Families of victims, families of accused are left to mourn all they lost.
“The violence must stop and stop now. There’s been too much blood spilled, too much pain caused, too much suffering and dirt. Let it end here.”
The jury late on Monday night had convicted alleged FOK members Nathan Zuccherato, 25, and Michael Roberto, 27, each of three counts of first-degree murder for the daylight shootings of alleged FK member Sanjeev Mann, 22, FK associate Aaron Bendle, 21, and Su’a, 43.
It was part of a revenge plot in which Bendle was kidnapped the previous night and used to set up a meeting with Mann and to execute both of them.
Court heard the vengeance was likely carried out as payback for the fatal shooting of FOK associate Roger Chin in July 2008 and the wounding of Zuccherato in a Chinatown shootout on Nov. 16, 2008 – six weeks before the Bolsa massacre.
Lenni Folden-Su’a, the victim’s ex-wife who remained a close friend, said outside court the ordeal over the past 2 years has been emotionally draining for herself, Ken’s friends and family.
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“Keni was a gentle, kind, loving, generous, peaceful person who was loved by everyone that knew him,” she said.
“I’m grateful to the dedication and commitment of the police detectives. I’m relieved that a guilty verdict has been found and that the men that took Keni’s life will be in jail for a long time. I’m glad justice has been served, although I wish Keni could be with us today. This doesn’t change things. I hope there will be some closure to me and his family, as well as friends as we continue to deal with the chaos that this has caused to our lives.”
The jury took less than eight hours to convict both accused of all three counts of first-degree murder.
Crown prosecutor Shane Parker said the successful prosecution was a relief not only to the victims’ families but to the entire city which has been caught in the warfare between the two gangs for most of the past decade.
“I think it’s a significant blow. We’ve had a lull for about two years,” he said. “This investigation and the prior Chinatown shooting had a chilling effect what was happening on the street. That’s evidence by the homicide rates the gangs rates that have occurred in the last couple of years. But to think that it’s ended or over is premature. It is a lull and we’ve got more prosecutions to come.”
Zuccherato’s lawyer Alain Hepner said outside court it was a tough, month-long case with a great deal of evidence and he said he needs time to digest it before discussing any appeal with his client.
“(The accused) were very stoic. We prepared them for all eventualities, we discussed issues with them, issues with their families,” said Hepner.
“There are five families whose lives have been ruined and we just have to do what we can, pick up the pieces and carry on.”
Witnesses said two masked men, dressed like ninjas, entered the southeast Calgary Vietnamese eatery about 3:34 p.m. on New Year’s Day and began shooting.
Bendle, who had just walked in and was headed toward a table at the back where Mann, his girlfriend and another man were sitting, was shot twice in a head with a .45-calibre handgun.
Mann was struck seven times with a .9-millimetre handgun, including a fatal wound to the neck. He was also struck by three other bullets to his extremities and three that were stopped by a bulletproof vest.
Su’a, a regular customer at Bolsa who was eating a bowl of soup, ran outside when the shooting began and was gunned down by three bullets from a third masked man outside likely with a .357 Magnum.
Eroca Bendle, Aaron’s mother, wrote in a victim impact statement read in court by Crown prosecutor Shane Parker that media reports that there was only one victim – Su’a – was misleading as she suffered a terrible loss of her son.
“This implied accusation causes much pain and confusion to his grieving, traumatized family,” she wrote in her statement. “This media innuendo is a horror for those who knew Aaron.”
The jury was told by Wilson that they must look very closely at the evidence of two witnesses, M.M. and John Doe, who admitted to police they were part of the plot to kidnap Bendle to get to Mann.
M.M., who admitted to being part of the kidnapping plot, testified that Zuccherato and Roberto were two of the shooters in his June 2, 2009, taped interview with police.
John Doe, who was caught up in an undercover police sting purportedly trying to become part of their fictitious criminal organization, claimed to be the third shooter who was inside the restaurant where Mann and Bendle were killed.
The judge said to carefully scrutinize his evidence with care, especially regarding Bendle’s kidnapping and the shooting of Mann and Bendle.
Two other men also face trials on the same charges. Real Christian Honorio’s trial, original scheduled for November, was recently adjourned until March. Nicolas Hovanesian will be in court on Oct. 28, like to set his trial date for next year.
Zuccherato and Roberto were also ordered to provide DNA samples and are prohibited for life from owning or possessing firearms or other weapons.
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