Lethbridge Courthouse

By Lara Fominoff

Criminal Convictions

Robert John Sheppard acquitted of attempted murder; convicted of 8 other offences

Jul 22, 2019 | 3:55 PM

LETHBRIDGE, AB – Judge G.S. Maxwell told a Lethbridge Provincial courtroom the terror was “palpable” at a home on Heritage Boulevard West, the night of April 15, 2018. However there was not enough evidence to convict 34-year-old Robert John Sheppard of attempted murder.

On that night in 2018, Sheppard was upset that his girlfriend Erika Grintals was ignoring his phone calls and texts. So, he went to her home with a gun.

While delivering his verdict, Maxwell described on Monday, July 22, how it appeared as though Sheppard was more invested in the relationship than Grintals was, and how she had told her son and his girlfriend not to open the door if he showed up at the house.

Sheppard did go there, and when no one answered the door, he went into the back yard where Grintals was relaxing around a fire pit. An argument or disagreement ensued, and Sheppard referred to a rifle and thousands of rounds of ammunition.

She then went into her home and told her son, his girlfriend and another friend to turn off all the lights and music and to call 9-1-1. Sheppard then came back with a Russian Simonov semi-automatic gun.

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Grintals once again went outside and was a short time later shoved to the ground. After getting up, she ran back into the house as several shots rang out in succession. She, her son and his girlfriend ran terrified along the street and took shelter in a neighbor’s back yard, while the family friend hid inside the house.

During the police investigation, four bullet casings were later found outside; several bullets were lodged in the home.

Sheppard was found guilty on eight offences, including discharging a firearm at a person with the intent to wound, maim or disfigure, carrying a concealed weapon, pointing a firearm and five other firearms related offences.

Co- Crown Prosecutor Tyler Raymond asked the court to consider a six to eight-year global sentence, while Defense Lawyer Andre Ouellette argued that a 3.5 to five-year sentence would be more appropriate.

“He was so invested in this relationship it drove him to act in a manner that is uncharacteristic,” said Ouellette.

Five victim impact statements were given to the judge, but not read out in court.

Section 12 Constitutional Challenge Launched

For the first time during the trial or any of the public proceedings, Sheppard took the stand – as a Section 12 constitutional challenge was launched, prior to his sentencing. The claim is that while in remand, he has been subject to cruel and unusual punishment at the Lethbridge Correctional Centre.

Section 12 of the Canadian Charter of Rights and Freedoms essentially protects an individual’s freedom from cruel and unusual punishment.

Sheppard told the court he had spent 462 days in “solitary,” or as the Lethbridge Correctional Centre called it, administrative segregation/ protective custody.

When Sheppard was initially taken to the remand centre after he was charged, he was housed with the general population. Within 48 hours, he was assaulted and taken to the hospital. It was at that time he requested he be put into protective custody.

He told the court that he is now “locked up” 22 hours a day, his food trays aren’t always full or warm, that he only has access to TV two hours a day and that the lights are on 24 hours a day, 7 days a week.

Sheppard also said a 20 x 20 outdoor exercise yard was “caged up,” and that at times he had trouble mailing letters to his attorney.

“We understand we are the most hated people in Lethbridge,” he told the court. “We” as in referring to prisoners and others housed in a specific wing of LCC where he currently is housed.

Raymond then reminded Sheppard that he asked to be segregated. He also asked whether Sheppard had signed three separate forms, all about three months apart, in Oct. 2018, Jan. 2019 and in April 2019, indicating that his conditions and placement were satisfactory.

Sheppard replied it was his signature and that he remembered signing the forms.

Raymond also argued that the threshold for a Sec. 12 Charter challenge could occur only when the conditions were deemed to be intolerable, and a successful challenge could create a dangerous precedent for other inmates.

Ouellette told the court “his choices are go get beat up or stay where you are.”

If the challenge is successful, Ouellette says he will ask for extra time-served credit in the amount of two or 2.5 days for each day spend in custody.

Sheppard Statement and Next Court Date

The 34-year-old was also asked by Judge Maxwell whether he wanted to say anything to the court.

“I can’t recall what happened, and I can’t take it back,” said Sheppard. “I can only offer an apology. Whether or not it’s accepted by external parties is their decision. I do regret that night. You know, in theory, you don’t do that to someone you love.”

He then thanked his lawyer.

While sentencing was initially expected to occur on Monday, Maxwell explained that the matter was very serious, and that there were multiple reasons why the case would be adjourned.

“I don’t generally think it’s appropriate to deal with it on what I’d call a rushed basis,” he said.

Sheppard is expected back in court Aug. 9 for sentencing.