The lawyer for a man convicted of killing a Calgary chef in 2020 says his client should be eligible for parole within three to five years.
Tommie Holloway was convicted of manslaughter while his accomplice, Anthony Dodgson, was found guilty of second-degree murder in the death of Christophe Herblin, who was stabbed to death in the parking lot outside his soon-to-be opened cafe following a break-in.
The Crown says Holloway should serve 12 years in prison before being eligible for parole.
However, Holloway’s lawyer told the judge his client has been making efforts to turn his life around and didn’t have a criminal record before he was arrested for Herblin’s death.
“I’m not standing here saying that imprisonment is not appropriate here. The issue is how long?” Holloway’s lawyer, Kim Ross, told Justice Blair Nixon.
“Mr. Holloway has clearly learned his lesson … and I submit with some degree of confidence that this court will never see Mr. Holloway back here again.”
Ross said his client will eventually be returned to the community and is unlikely to break the law again.
Herblin was a longtime executive sous chef at the Glencoe Golf and Country Club. His new restaurant was just weeks away from opening when he was killed.
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Dodgson and Holloway broke into the restaurant with plans to break through the wall into the adjacent cannabis shop, but fled when a car drove by. They returned later to continue their robbery attempt, but were frustrated because Herblin didn’t leave.
Holloway smashed Herblin’s car windows in to lure him back into the parking lot, at which point Dodgson attacked him and stabbed him nine times.
Herblin staggered to a nearby gas station for help, but died shortly after police officers came to his aid.
Ross said Holloway had no knowledge of what was going to happen and left immediately on foot after smashing out the windows.
“He did not know that Mr. Herblin was in the state that he was in and that he had gone to the Shell (gas station) looking for help,” Ross said.
“He was leaving the scene of a possible break and enter. Certainly, at the time of his leaving he did not know.”
Holloway is to be given an opportunity to address the court later Monday.
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