deadmonton 2003 - vincent gamboa

delicious save to del.icio.us | submit to Digg


Vincent Gamboa, 26, was shot to death on April 25th, 2003.


Charged with first-degree murder were Christopher Paul Chung, 26, and Germaine Antonio McLeod, 24. Also charged was Myles Visitew, 27, but his charges were later stayed.


trial | verdict | sentence | appeal | Gamboa's background



Vincent Gamboa

Vincent Gamboa was shot six times, wrapped in garbage bags and bedsheets with his hands bound with electrical tape, doused with gasoline and set on fire in a ditch south of the Ranch Golf Course near Stony Plain on Range Road 262, west of Edmonton and south of Highway 16A.


On November 18th, 2005 the Gamboa trial began with the Crown detailing the manner of his death. Prosecutor Marilen Carminati told the 8-man 4-woman jury that Gamboa's hands were bound with electrical tape and that he was shot five times in the back and once in the neck with a 9-mm handgun. The gun has never been found.


The Crown asserted that Gamboa was killed in the basement of a home rented by Myles Visitew at 14648 91 Avenue.


Gamboa was lured by Christopher Chung to Visitew's home to settle a disagreement. Bullet fragments were found in Visitew's home, as well as blood identified by DNA testing as belonging to Gamboa.


Gamboa's blood was also found in a GMC Jimmy that Chung was seen driving at the time of Gamboa's death. Tire tracks found near Gamboa's body showed a tread pattern similar to those found on the GMC.


Police also found a section of carpet from a basement rumpus room that had been torn out and piled behind the house along with other garbage. Tiles under where the carpet was formerly laid showed damage consistent with bullet impacts.


Chung took the stand and told the court "You got the wrong guy!"


According to Chung, it was a Jamaican man known either as “J-Rock” or "Tundra" who shot Gamboa after the victim had made fun of him. The court heard that Chung thought Gamboa was a police informant.


After "J-Rock" allegedly shot Gamboa, Chung left the house only to return when the homeowner made repeated cellphone calls insisting, "You gotta get that thing out of my house."


Chung testified that he wrapped Gamboa's body in garbage bags, placed him in his car and drove west to a ditch outside Edmonton. He stated he poured gasoline over the body and set it on fire to eliminate fingerprints that may have been left on the bags.


Chung said co-accused Germaine McLeod was a childhood friend who was just hanging out with him that day. He claimed McLeod didn't know Gamboa and had no idea what was happening in the basement. The Crown argued that is was McLeod who brought the gun to the meeting.


McLeod's lawyer urged the jury to accept Chung's testimony, pointing out that there was no evidence to connect McLeod to the murder scene, including no DNA evidence or fingerprints.


The Crown argued that Chung was the shooter and McLeod had purchased the gasoline. Also claimed was that McLeod had borrowed the truck used to carry Gamboa's body and that it was returned to its owner reeking of gasoline.



On December 17th, 2005 a jury found Christopher Chung and Germaine McLeod guilty of the reduced charge of manslaughter. The jury had deliberated for two days.


The Crown had been seeking guilty verdicts for either first- or second-degree murder in the case. The maximum penalty for manslaughter is life in prison but there is no minimum punishment.


On March 20th, 2006 court heard sentencing arguments. The Crown sought a life sentence with no chance of parole for 10 years for Chung and a 25 year prison term for McLeod.


Chung's defence lawyer argued he should receive a four- to five-year jail sentence less roughly three years for time spent in pre-trial custody. McLeod's lawyer suggested he should get no more than two years, based on him having served the equivalent of six years in pretrial custody.


Chung and McLeod have a combined total of three dozen criminal convictions, ranging from aggravated assault and assault with a weapon to trafficking.



On March 22nd, 2006 Court of Queen's Bench Justice Frans Slatter sentenced Chung to eleven years in prison. McLeod was sentenced to nine years. They both were given an additional six months for being under a weapons ban and on bail at the time of Gamboa's killing. The pair were also given a lifetime ban from owning or using firearms.


However, Slatter credited both for time served.


Chung will actually serve eight years and four months after receiving 38 months credit for his 19 months in pre-trial custody at the Edmonton Remand Centre.


Slatter said Chung deserved less credit because he spent part of his time in custody serving a two-year sentence for possession for the purpose of trafficking.


McLeod will actually serve three years and eight months after receiving 70 months credit for his 35 months in pre-trial custody.


Justice Slatter said the jury must have had reasonable doubt about who shot Gamboa.


In a trial riddled with inconsistencies, Slatter summarised the case as he saw it as part of his ruling.


“The use of handguns to settle disputes is unacceptable,” Slatter said, noting the victim, the accused and other witnesses in the home were all involved in the drug business.


Slatter said it was likely Gamboa who came up with a plan to beat up the man he suspected was an informant -- Myles Visitew. He said Chung was involved in the plan and McLeod was offered money to commit the assault.


Slatter speculated that Gamboa changed his mind and decided Visitew should be shot instead. Slatter accepted that there was another person in the home, an unidentified man nicknamed "J-Rock," who was willing to shoot Visitew. J-Rock had trouble taking off the safety on the gun and Gamboa insulted him. J-Rock then turned the gun on Gamboa.


Slatter said Chung and McLeod then helped dispose of the body.


Of the sentencing Gamboa's widow Kristin said, "That's ridiculous. It's very sickening and disappointing."


"It's very disheartening. There's no punishment for anybody anymore," she added.


The Crown announced an appeal had already been filed.



On March 6th, 2007 the Crown appeared in court to appeal the sentences.


The Crown was to argue that the sentences given Chung and McLeod were "too light."



POLICE LINE: DO NOT CROSS


At the time of his death, Vincent Gamboa was recently married. His wife Kristin was more than seven months pregnant at the time of her husband's death.


"Obviously Vince was into some shady activities," she said. "But he was a good person. He had a nice character. He was a funny guy."


"Just looking back, I don't think he realised the seriousness of what he was involved in. And that is so unfortunate because he was so excited for his new son. He had his whole life ahead of him, and they took it away from him."


Speaking about Chung, Kristen said, "I knew him. He has been to our home. He knew I was pregnant. He knew that Vince was happy and he still decided to do that to him."


The shady activities Gamboa's wife spoke of dated back at least seven years before he died.


On January 6th, 1996 he got into a fight with a man at Club Malibu over who was the better pool player. The dispute spilled into the club's parking lot and two groups of friends got into a pair of cars.


On the Whitemud Freeway, the car carrying Gamboa in the front passenger seat pulled alongside the other car. Gamboa pulled out a handgun and fired into the other car.


A passenger in the other car saw Gamboa brandish the gun and yelled "Duck." Police later said if the passengers had not ducked, the bullet would likely have hit one of them in the head.


Gamboa was originally charged with attempted murder. His lawyer told court his client thought he had shot over the vehicle, and was upset to find out he had come close to hitting someone.


Gamboa, then 19, pleaded guilty to assault with a weapon and unlawful use of a firearm. He was sentenced to three months for the first conviction, and a consecutive 12 months for the second. He had already served almost 12 months pre-trial custody.


In March 1997, Gamboa was one of several people involved in a beating attack outside Barry T's Grand Central Station near 61st Avenue and 104th Street. The beating was so severe it left Rohan Coombs with permanent brain damage.


In 1999, Gamboa was sentenced to three years in prison for his part in the attack. Gamboa was also handed a lifetime firearms ban. He was granted statutory release in July 2001.


A friend of Gamboa said he had vowed a short time before his death to be more careful about who he associated with.


"He was planning on choosing his friends after he got out of jail last time," said the friend who had known Gamboa for the past 10 years.