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Lethbridge man successfully appeals conviction and sentence in murder case

Oct 2, 2020 | 2:46 PM

LETHBRIDGE, AB. — A Lethbridge man convicted of the second degree murder of 58-year old George Span, has had his sentence adjusted, after the Supreme Court overturned the initial conviction.

Two men, Michael Mitchell and Addison Wakefield, both automatically received life sentences after their conviction for the crime that occurred in January of 2013.

The men had gone to Span’s home to assault or rob Span or to collect on a drug debt, according to testimony heard at their trial. Span was stabbed four times.

At the time of sentencing, it was noted that Wakefield had been out of prison for less than a year – after serving time for manslaughter – when he and Mitchell killed Span. Wakefield also exhibited a lack of remorse and failed to take any responsibility for what happened.

However, in May of 2019, the Supreme Court of Canada (SCOC) ruled that Wakefield’s second degree murder conviction was not valid, and instead, has returned a verdict of manslaughter in the case, and ordered the matter to go back to the original trial judge for sentencing.

According to reasons set out by the SCOC, in order to uphold the conviction, the majority of judges in the Alberta Court of Appeal had to be satisfied that the trial judge, D.K. Miller, found Wakefield indeed was the person who had stabbed 58-year-old George Span to death in Jan. 2013.

In October of 2019, Wakefield was sentenced to 18 years in prison for the manslaughter conviction and then appealed that sentence.

On September 23, 2020, a three-Justice panel granted the appeal, ruling the sentencing judge erred by placing the matter in the highest category (near-murder manslaughter) rather than the middle category.

As a result, the 18-year sentence, less credit for time spent in pre-trial custody, was lowered to 16 years, less credit for time spent in pre-trial custody.