Second-degree murder charge withdrawn as Samiul Islam Turzo pleads guilty to other criminal counts
Murder suspect Samiul Islam Turzo was being robbed at knifepoint when he shot his two assailants, one fatally, a Calgary court heard Monday.
Crown prosecutor Ron Simenik withdrew a second-degree murder charge against Turzo as he and co-prosecutor Petter Hurich accepted guilty pleas from defence counsel Balfour Der on other charges of possession of cocaine for the purpose of trafficking and possession of a loaded, restricted firearm.
Turzo also faced charges of attempted murder and aggravated assault for shooting would-be robber Chad Merasty in the shoulder, but pleaded guilty to the other charges instead of those allegations, a process permitted by the Criminal Code.
Justice Glenn Poelman accepted a joint submission by the lawyers for a three-year penitentiary term on the two charges Turzo admitted.
Clare staggered from the scene and collapsed a short distance away and Merasty retreated to the Ranchland residence he and the deceased had occupied before the two men ordered a crack cocaine delivery in the early morning hours of Jan. 1, 2023.
The survivor of the shooting later admitted to police that they were attempting to rob Turzo of drugs and/or cash and he held a knife to the victim’s throat, Simenik said, reading from a statement of agree facts.
“Drug transactions are daily in our city,” the prosecutor told Poelman.
“While most don’t involve violence, guns, or death, this one did,” he said.
“The accused’s actions, in our view, on the offences we’re not proceeding on, are captured by (the self-defence provisions) of the Criminal Code.”
According to the agreed facts, Clare and Merasty were socializing at a residence on Ranchero Road N.W. in the early hours of New Year’s Day when they decided to order some cocaine.
But when Turzo arrived, the two men entered his vehicle for the purpose of robbing him.
“They both attacked and attempted to overpower Turzo,” Simenik said.
“The attack and subsequent struggle were observed by another independent witness, who described it as the two males trying to rob the driver.”
“Clare was shot once in the chest. He exited the rear of Turzo’s vehicle and a short distance away collapsed and succumbed to his injury.”
Merasty later admitted to police they had no money to purchase the crack cocaine they had ordered and were attempting to rob the victim. He also confessed to being armed with a knife, which he held to Turzo’s throat.
Despite Clare not being considered a crime victim, the matriarch of his family, Toni McCune, was allowed to address the court on the impact of his loss.
McCune said Clare’s death has been devastating to the family, including the deceased’s own children, and led two relatives into drug addiction.
“They’re all still waiting for him to come home,” she said.
— Kevin Martin