2nd man convicted of manslaughter in fatal drug deal robbery in Calgary
A second man has been convicted of manslaughter in what was a drug deal robbery gone wrong.
Syed Muhammad Uzair was found guilty in connection with the death of Timothy Voytilla, 44, who died in hospital on May 1, 2017. He was shot in the chest by Mohamad Rafih, who pleaded guilty to manslaughter last year.
Rafih was a meth supplier and Voytilla was a customer.
After Voytilla asked Rafih for $15,000 worth of meth, Uzair, Rafih and two other friends hatched a plan to beat and rob the victim instead of making the exchange for drugs.
"A robbery by its very nature is a violent act," said Court of Queen's Bench Justice Bruce Millar in delivering his decision.
"Resistance by Mr. Voytilla was foreseeable.
Millar pointed out that Uzair knew Rafih had brought a gun. The killing was over $15,000 stolen from Voytilla, which was divided four ways.
On April 30, 2017, Voytilla was to complete the transaction with Rafih.
But when Rafih couldn't secure the drugs, he decided he and his friends would lure Voytilla to a meeting spot and rob him.
Armed with a handgun, Rafih, Uzair and two others met with Voytilla in the community of Tuxedo, in northeast Calgary.
After the money was counted, Uzair pulled up alongside Voytilla and Rafih shot him.
Voytilla stumbled to his car, where his friend had been waiting for the transaction to be completed. The friend drove the victim to hospital, but Voytilla died from the gunshot wound to the heart shortly after arriving.
The killers and their friends met at a home and divided the money they had stolen.
After he was convicted, Uzair's bail was revoked and he was taken into custody.
Millar will hear sentencing arguments from prosecutor Katherine Love and defence lawyer Alain Fay at a later date.
