Murder conviction stands for former fugitive who fled to Vietnam, rules province's top court - Action News
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Murder conviction stands for former fugitive who fled to Vietnam, rules province's top court

The first-degree murder conviction of a former fugitive who fled Calgary ahead of his trial stands after the province's top courtdismissed Nathan Gervais's appeal.

Nathan Gervais left the country weeks ahead of his original 2016 trial

Nathan Paul Gervais, right, was convicted of first-degree murder last year after he fled the country just weeks before his original trial was to begin. Lukas Strasser-Hird, 18, was killed in 2013 in a swarming attack. (Facebook/Calgary Police Service)

The first-degree murder conviction of a former fugitive who fled Calgary ahead of his trial stands after the province's top courtdismissed Nathan Gervais's appeal.

Lukas Strasser-Hird, 18, was swarmed, beaten and stabbed to death outside a nightclub in 2013.

After fleeing the country in 2016, Gervais was eventually arrested and returned to Canada in 2018. He was convicted of first-degree murder in May of last year.

The Alberta Court of Appeal called the killing a "tragic event" and ruledCourt of Queen's Bench Justice William Tillemandid not err in finding the victim was forcibly confined during the attack, which led to the first-degree murder conviction forGervais.

Gervais was sentenced to life in prison with no chance of parole for 25 years.

Defence lawyer Alain Hepner says he will consult with his client before deciding whether to take thecase to the Supreme Court of Canada.

Appeal arguments were made in early May by Hepner and prosecutor Julie Morgan.

Gervais asked the province's top court to substitute an acquittal, order a new trial or substitute a conviction of second-degree murder.

The assault that took the life of Lukas Strasser-Hird happened in the alley behind 10th Avenue at Second Street S.W. (CBC)

Nov. 23, 2013

In 2013, Strasser-Hird wasjust back from a year in South America.

At the Vinyl nightclub, he overheard someone call the bouncer a "dirty spic" and confronted the group, which included Gervais,over the racist remark.

Outside the bar, Strasser-Hird was surrounded and shoved around until a bouncer grabbed the teenager and brought him back inside.

Then, staff at the night club led Strasser-Hird out the back door, where a group of angry men were waiting for a second attack.

Gervais confessed

The trial judge called Gervais's actions "predatory and calculated." Before waiting in the alley for his victim, Gervais had fetched a knife from his car, which was parked across the street from the bar.

As he was kicked, punched and stabbed, the victim begged for his life, according to witnesses.

Following the attack, Gervais confessed to several people that he had stabbed Strasser-Hird.

In 2016, just before Gervais was to go on trial alongside four others, he fled Canada.

Franz CabreraandAssmarShlahwere ultimately found guilty of second-degree murder, whileJochPoukwas found guilty of manslaughter. A fourth man was acquitted.

In February2018, Gervais was arrested in Vietnam and returned to Calgary to face his murder charge.