deadmonton 2005 - james patrick wilson
James Patrick Wilson, 21, was stabbed to death February 6th, 2005.
Michael Shawn Ivany, 18, was charged with second-degree murder and possession of a weapon.
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At about 2:20 a.m. on February 6th, 2005 police were called to investigate a large disturbance at Orlando's 2 Pub & Grill at 13509 127 Street.
Upon arrival police found James Patrick Wilson suffering from stabs wounds to his body.
He was rushed to Royal Alexandra Hospital by Emergency Medical Services, where he subsequently passed away.
Wilson was attacked outside the bar but made his way into the pub after he was stabbed.
Police said there was no apparent motive and no link to any other homicide.
"The gang unit is involved in the investigation," said a police spokesman.
"They're looking into the backgrounds of both the victim and the accused. At this point, there's no definitive information either way about any possible gang connections or not."
The murder was Edmonton's fifth of 2005.
Police charged Michael Shawn Ivany with second-degree murder and possession of a weapon.
On October 18th, 2006 Michael Shawn Ivany's trial for second-degree murder got underway with opening statements from Crown prosecutor Anne Schutte.
"The ordeal comes down to an armed man versus an unarmed man, a knife against bare hands," Schutte said in her opening address.
"Whatever happened to the old-fashioned, fair fist-fight?"
The Crown outlined the evidence it planned to bring to trial, beginning with the wounds James Wilson suffered during the altercation.
Schutte said Wilson was stabbed eight times in the front torso area and twice in the back.
He was also slashed across the back of one arm. A knife was found by police in the snow of a nearby yard.
The Crown suggested Wilson threw the first punch in a fight that began when he was speaking with Jennifer Hamlin just as the bar was closing.
Michael Ivany was standing behind Hamlin, whispering questions in her ear to ask Wilson.
That apparently upset Wilson who threw a punch but missed.
The fight moved out to the bar's parking lot where Ivany pulled out a knife and stabbed Wilson 11 times, Schutte said.
Wilson made it back into the drinking establishment before he died of blood loss in hospital.
The trial proceeded without much media coverage as a rash of murders and other trials in Edmonton consumed public interest.
On October 30th, 2006 a jury convicted Michael Shawn Ivany of manslaughter.
The jury also found Ivany guilty of possession of a weapon. They found him not guilty of second-degree murder.
In court Ivany chewed on his lip and sighed after the verdict was read but showed no other emotion.
Crown prosecutor Anne Schutte said several of James Wilson’s family members were prepared to make victim impact statements at Ivany’s sentencing hearing.
The hearing was expected to take place on November 10th, 2006.
Schutte declined to say what penalty she would ask Ivany serve.
A sentence for manslaughter ranges from a conditional sentence to life in prison.
On November 10th, 2006 Michael Shawn Ivany was given a nine-year sentence for Wilson's death.
Ivany was given the customary 2-for-1 credit for time served in the over-crowded Edmonton Remand Centre, reducing his sentence by three-and-one-half years to just five-and-a-half years.
Crown prosecutor Ann Schutte had asked for a sentence of 9 to 10 years for the manslaughter conviction, and one year for possession of weapon to be served concurrently.
Defence lawywer Kirk MacDonald had asked for a sentence in the range of six to seven years with credit for the 642 days Ivany has already spent in custody.
By convicting Ivany of manslaughter, Schutte said the jury didn't buy Ivany's argurment that he acted in self-defence.
She also noted Ivany was the only one armed with a knife during the fight, was under a five-year weapons prohibition order at the time the stabbing took place, and outweighed his victim by 65 pounds.
Schutte said the number of wounds inflicted on Wilson was nothing more than "extremely gratitious violence."
MacDonald said the jury believed Ivany when he said he didn't intend to kill Wilson.
Ivany has expressed remorse for the killing since the beginning and would have plead guilty to manslaughter at the onset had that been the original charge, MacDonald said.
He said Ivany was only carrying a knife because he was a former dial-a-doper who feared retalition after he quit his gang ties.
MacDonald also pointed out it was Wilson who threw the first punch.
Court of Queen's Bench Justice Terrance Clackson said, "This was a tragic case that is becoming all too common if the media is to be believed."
He told Ivany: "I have no doubt that if you had not been carrying a knife that night, you would not have been convicted of manslaughter."
Clackson said he wanted Michael Shawn Ivany's jail term to send a strong message that packing a knife and using it in a fist fight will not be condoned.
"In my view, it is a measure of cowardice," he said. "It is the action of someone who does not have courage."
Clackson said he took as mitigating factors the fact Ivany was remorseful, that he has quit associating with gangs, his horrible upbringing and his youth.
"His life is, hopefully, salvagable," he said.
He sentenced Ivany to eight years for the manslaughter conviction and gave him a one year for the posssession of a weapon conviction to be served consecutively.
Clarkson also imposed a life-time weapons ban and ordered Ivany to submit a DNA sample.