Killing of Siksika man 'shameful and reckless' but judge says it's manslaughter not murder

One of twobrothers responsible for the death of a man from the Siksika First Nation in southern Alberta has been acquitted of murder but convicted of manslaughter.

Brandon Giffenwascharged with first-degree murder in the March 2019 death of Kristian Ayoungman, a 24-year-old hockey player and champion powwow dancer from Siksika.

Following an argument in Strathmore between two groups,Ayoungman was a passenger in a truck that fled the conflict. Kody Giffen followed in a car, pulling over so his brother Brandon could take a shot at the truck from about 150 metresaway.

Court of Queen's Bench Justice Robert Hall called Brandon's decision to fire at the fleeing truck "shameful and reckless" but said he could not find the accused meant to kill Ayoungman.

"I seriouslydoubt he expected to hit the truck," said Hall in his decision Monday afternoon.

Outside the courtroom after the verdict, Melody Ayoungman, the victim's mother, said it's been a long two years since her son's death and she was disappointed in the justice system.

"First nations are always,always for years and years,always put through injustice," said Melody.

"I think I'm doing my part;I've been standing here for my boy all along and I'll stand up for him forever, for all of my kids, and I'll teach them right from wrong."

• 'You could have loved him, too,' says mother of Siksika man shot on rural road as killer gets 4-year sentence

Last August, Brandon's brother Kody Giffen pleaded guilty to manslaughter and was sentenced to four years in prison.

On the first day of Brandon's trial in Calgary, defence lawyer Derek Jugnauth offered for his client to plead guilty to manslaughter, a proposal rejected by prosecutorsRon Simenik and Lynda Levesque.

Jugnauth argued Brandon Giffen did not intend to kill anyone and that the single shot from his hunting rifle at the fleeing truck was "unlucky" when it fatally struck Ayoungman.

The bullet tore through the tailgate, a canvas hockey bag in the truck bed, the cabin and the seat occupied by Ayoungman, fatally wounding the victim.

The killing was motivated by a fight earlier in theevening after two groups of friends argued over a couple of dollars.

On March 16, 2019, Ayoungman and his friends were at the King Eddy Pub in Strathmore following a hockey game. Kody Giffen and his friends were also there that night.

At one point, Ayoungman sold cigarettes to Kody Giffen outside the bar. When Kody realized a couple of cigarettes were missing from the pack, he became enraged and the two groups got into a fight.

Eventually, Kody went to a nearby apartment building to fetch his older brother, Brandon, for backup.

Coincidentally, Ayoungman was dropping a friend off at the same building, and the two groupsencountered each other a second time. Another altercation took place.

Single shot

Brandon went back to his apartment and returned with a hunting rifle.

Fearing for their lives, Ayoungman and his friends fled in a pickup truck, heading home toward Siksika Nation. A friend was driving.

The Giffen brothers followed. Kody was drivingand Brandonwas in the front passenger seat.

• Manslaughter plea rejected, murder trial continues for Alberta man who admits to shooting Kristian Ayoungman

As the two groups drove south on Highway 817, the Giffen brothers pulled over.

Brandon got out and fired at the truck, killing Ayoungman, who was in the back seat.

In Canadian law, a murder isthedeliberate killing of someone. Manslaughtermeans the accused is responsible for the deathbut it may have beenunintentional, even if there was a desireto cause harm.

A first-degree murder conviction comes with an automatic life sentence with no chance of parole for 25 years.

A manslaughter conviction has no minimum starting point but can also result in a life sentence.