Convictions overturned in beating death of John Herrera Garcia - Action News
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Calgary

Convictions overturned in beating death of John Herrera Garcia

A new trial has been ordered for two people found guilty of second-degree murder in a fatal attack on a man walking home with groceries in Calgary's Beltline.

49-year-old victim had recently brought his family to Canada from Colombia

Chantelle Campbell and Jarod Henry were found guilty of second-degree murder. (Facebook)

A new trial has been ordered for two people found guilty of second-degree murder in a fatal attackon a man walking home withgroceries in Calgary's Beltline.

Chantelle Campbell and Jarod Henry were found guilty of second-degree murder last year.

However, Crown lawyers have consented to both convictions being overturned and new trials have been ordered by Alberta's Court of Appeal.

"She's elated," said Campbell's lawyer Pawel Milczarek. "She's looking forward to presenting her side of the story to a jury."

Henry's lawyer David Chow said he believes the Crown consented because of an error in the trial judge's instructions to the jury before they began deliberations.

JohnHerreraGarcia, 49, was attacked in 2012.He had recently brought his family to Canada from Colombia, butdied of his injuries several months after he was beaten.

During the trial, Henry and athirdperson charged whowas lateracquittedtestified that HerreraGarcia may have kicked the parked car theyweresitting in after theyyelled an insult at him.

During a sentencing hearing, Campbelloffered an apology, calling her actions "the worst mistake" of herlife.

A second-degree murder conviction comes with an automatic life sentence with no chance of parole for at least 10 years.

For Campbell, the judgeimposed a 14-year parole ineligibility and 12years for Henry.