The murder of a 19-year-old man by a machete-wielding co-worker at the Sundre McDonald’s restaurant two-and-a-half year ago continues to darken and sadden the lives of his family and friends, the victim’s father told a Court of King’s Bench justice.
On Dec. 12 Court of King’s Bench Justice Glen Poelman convicted Solaimane Elbettah, 29, of first-degree murder in the death of Josh Burns and sentenced him to life in prison without eligibility for parole for 25 years.
The justice rejected a defence claim that the accused was not criminally responsible for the killing due to mental illness.
During the judge-alone trial, court heard that Elbettah retrieved the weapon from his nearby residence, took it into the restaurant and used it to strike Burns in the neck, causing his death.
Following the guilty verdict, eight victim impact statements were read into court, including from Burns’ father Marty Desjarlais.
“It has impacted every part of my life,” Desjarlais said in his statement. “I don’t have words to describe the amount of pain and exhaustion I continue to feel.
“People who know me say I’m no longer the same person. At times I forget that Josh is gone and I find that I’m waiting for him to walk through the door and my heart breaks all over again.
“My son Josh was such an amazing person. I’m so proud to be his dad. Josh had a bright future and big plans. There’s aren’t words to capture the wonderful person he was or for how much it breaks my heart that he did not get more time.”
The murder of his son has caused him significant financial loss, he said.
Outside court, Desjarlais told the Albertan he is pleased with the verdict and glad to have the matter resolved. A dozen friends and family members of Burns attended the Dec. 12 court session.
Burns’ grandfather also submitted a victim impact statement, saying in part, that, “Solaimane Elbettah it makes me very angry and upset when I think of how you have stolen my grandson from myself and the rest of his family.”
Court heard that Burns had plans to join the Canadian Armed Forces reserves. He was a graduate of Innisfail High School.
In delivering his verdict, Justice Poelman said Elbettah killed Burns after becoming frustrated and feeling disrespected by the victim.
“(Elbettah) was very upset with what he perceived was a history of disrespect from Mr. Burns as well as other co-workers,” Poelman said. “He failed to restrain his angry emotions. I have found that Mr. Elbettah did not suffer from a mental disorder when Mr. Burns was killed and he was capable of knowing the act was wrong.
“The facts show that Mr. Elbettah made the decision to kill Mr. Burns well before he did so. These included returning to his motel room, obtaining the machete, locking the restaurant door, retrieving the machete from his bag, and going to Mr. Burns’ location to commit the crime. These actions show both planning and deliberation.”
During the trial Crown prosecutor Vince Pingitore argued that Elbettah killed Burns out of frustration and anger.
“He was filled with rage on the night of the killing,” said Pingitore. “He felt immense stress in the workplace which culminated in his rage and ultimately the killing of the decedent. The demons did not make him do it. He was fully capable of understanding what he did and knowing it was morally wrong.”
During the trial the defence argued that Elbettah was suffering from schizophrenia at the time of the killing and therefore not criminally responsible.
Burns and Elbettah were the only people working the night-shift at the restaurant at the time of the killing. Elbettah called 911 shortly after the murder and surrendered to police without incident.
Immediately prior to being sentenced by Justice Poelman, Elbettah was permitted to address the court.
“May God help us all. I wish the family of Josh will find peace in God and I really feel sorry for your loss. I am deeply sorry,” said Elbettah.
As well as the prison sentence, Elbettah was also handed a lifetime firearms ban and ordered to provide a DNA sample.
