REGINA – The family and friends of Albert Lowenberger had been waiting almost five years, but on Wednesday they did not receive the verdict they were hoping for after his 2008 death.
After deliberating for several days, the jury found Ronald Zerr guilty of manslaughter while acquitting him of second degree murder.
Ashton Lavallee was also found guilty of manslaughter.
“It’s unbelievable,” said Lowenberger’s older brother Theo. “I just can’t believe what happened. It’s ridiculous how the whole thing played out.”
Lowenberger, 26, was stabbed to death February 23, 2008 after a fight outside the King’s Head Tavern. During the three week trial, court heard two different stories about what happened that night. Lowenberger’s brother Robert and friend Kelly Charbonneau testified Zerr and Lavallee attacked them first. Meanwhile, Zerr said he stabbed Lowenberger out of self defence, but denied bringing the knife.
“We’re disappointed Mr. Zerr wasn’t convicted of murder, but all in all I think this was a pretty good result,” said Crown prosecutor Chris White. “There are two men being held accountable for Albert’s death.”
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But Zerr’s defence lawyer Bob Hrycan was disappointed the jury rejected his client’s defence saying three bigger guys were attacking two smaller men.
“It’s a fundamental principal that verdicts delivered by juries should square with common sense,” Hrycan said.
Lavallee’s lawyer Jeff Deagle said his client is not sure how to react to the verdict.
“He kept asking ‘why’,” Deagle explained. “He can’t understand what’s going on today.”
Both men were also found guilty of aggravated assault against Robert Lowenberger but not against Kelly Charbonneau, a decision that surprised the prosecution.
“I guess that’s the thing with the jury system, you’ll never know why they did what they did,” White said. “Obviously they accepted certain aspects of the accused testimony and not of the crown witnesses.”
Both Zerr and Lavalle will be sentenced on December 18th. The Crown plans to ask for a sentence of at least 12 years, while the defence is hoping for closer to eight. Both sides say they are considering appealing Wednesday’s ruling.
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