Brandon Giffen was found guilty of the lesser charge of manslaughter and acquitted of murder in a virtual Calgary court decision on Monday, responsible for the death of Kristian Ayoungman more than two years ago.
Ayoungman, a 24-year-old hockey player from Siksika Nation, was fatally shot in a vehicle near Strathmore on March 17, 2019.
“I cannot conclude beyond a reasonable doubt that the accused subjectively knew it was likely that death would result from him firing the rifle. Aiming and shooting the rifle was a shameful and reckless decision by the accused. But I cannot say the accused knew that death was the likely consequence of him doing so,” said Court of Queen’s Bench Justice Robert Hall on Monday.
“My finding does not excuse the accused for his actions, and it does not absolve him.”
Brandon and his brother Kody Giffen, both in their 20s, were charged with first-degree murder in Ayoungman’s death.
Kody was sentenced to four years in prison on March 16, 2021, after his August 2020 manslaughter guilty plea.
According to an agreed statement of facts, Ayoungman sold Kody a pack of cigarettes for $20, but Kody complained that the pack wasn’t full, prompting a fight outside the King Eddy Pub in Strathmore, which spilled over to an apartment building.
Kody involved his older brother, Brandon, who emerged from his apartment with a hunting rifle, causing Ayoungman and his friends to flee in a truck driven by Breeana Crawler.
Crawler tried to evade the Giffens, driving through Strathmore and ending up south of the town on the highway.
Kody pulled over, and Brandon exited the vehicle and fired a shot, striking and killing Ayoungman.
‘Incredibly dangerous’
Hall said Brandon was sober and an experienced hunter, knowing there was a risk of death if the bullet hit the truck.
“His rifle was deadly and significantly long range. He aimed at the truck and he pulled the trigger… As a hunter, he knew how incredibly dangerous it is to aim and fire a rifle in anyone’s direction,” Hall said.
“However, the shot was taken at a distance of what I found to be 150 to 200 yards in the dark of night at a truck that was speeding away from the accused. As I have found, the accused intended to hit the truck, but I seriously doubt that the accused expected to hit the truck.”
Hall said Brandon and Kody were “actively engaged” in chasing the victim’s group out of Strathmore.
“The accused states he pulled the trigger ‘to scare them. I didn’t even mean to hit the car,'” Hall said.
‘My son didn’t deserve this’
Outside the Calgary Courts Centre, Melodie Ayoungman thanked everyone for their support following the tragic loss of her son.
The justice system failed again, “big, big time,” she said.
“We’re disappointed with the verdict from the judge, but that’s on him. It’s on the court system. It’s not on me. It’s not on any of you. It’s not on my children, and it’s definitely not on my son,” she said.
“My son didn’t deserve this. His life was taken wrongfully. What happened to him? He was murdered. Anyone that’s going to aim a gun, any type of rifle, you get a licence to go hunting. They teach you not to aim it where there are human beings,” Ayoungman said.
Ayoungman said despite her disappointment, she is going to continue on with her healing journey.
“If there’s anything we can take away from today, learn from my son… We’re going to walk away humbly, loving, kind, caring — the way we taught my son… We don’t have to turn around and start being angry. That’s a waste of energy. I’d much rather have love and joy in my life,” she said.
“First Nations are always, always — for years and years — always put through injustice. Times need to change. Things need to change. I hope they learn from their decisions from today. We’re not here to create riots… Look at us, being peaceful.”
Living with the reality
Defence lawyer Derek Jugnauth said Brandon has expressed remorse and has always been prepared to take responsibility for what happened that night. There is a sense of solace that Brandon might be able to return to parent his children, Jugnauth said.
“There’s no question Mr. Giffen is relieved with the verdict from a legal standpoint, but the reality remains of the tragedy that occurred back in March of 2019, and he has to live with that reality the rest of his life, knowing that he took another’s life,” he said outside court.
Jugnauth explained that manslaughter is “still a conviction for an act that resulted in the culpable death of another human,” but the sentencing regime is “wide open.”