One year after they appealed their conviction of fatally stomping a Colombian immigrant, a man and woman have been granted new trials.
Chantelle Tiffany Campbell and Jarod Henry will be tried a second time after being convicted last year of second-degree murder in the death of John Fernando Herrera Garcia, 49, who died after being accosted while walking down a Beltline street May 23, 2012.
Jarod Donald HENRY, 22, of Calgary, is shown in this undated photo.
Herrera Garcia spent four months in a vegetative state at Foothills Hospital before dying.
Campbell, 31, had been given a life sentence of 14 years with on chance of parole, Henry 12 years.
Chantelle Campbell.
But Campbell’s lawyer Pawel Milczarek contended in his appeal that the jury wasn’t properly instructed in the possibility Herrera Garcia might have died from striking his head on pavement or that it was uncertain who delivered a fatal blow.
“It’s possible there are a number of ways the deceased might have died,” he said.
“We’re relieved the Crown has conceded the appeal.”
Due to the impending retrial, Campbell has been moved from a federal penitentiary to the Edmonton Remand Centre, the latter lockup considered harder time, said Milczarek.
“But she’s looking forward to presenting her side of things to a jury,” he said, noting she didn’t testify in the original trial.
“Whether she does this time is a decision that has to be made at the time of the trial.”
She said Henry will be the co-accused with his client once again.
A third accused, Garrett Smith, testified he was at the crime scene but had no role in the assault and was acquitted.
A date for the new trial is expected to be set next month.
Twitter/BillKaufmannjrn
