Calgary man who murdered teen in swarming attack asks appeal court to toss conviction

The Calgary man who killed a teenager in a swarming attack has asked the Alberta Court of Appeal to overturn his murder conviction.

Nathan Gervais, 24, was convicted last month of first-degree murder in the death ofLukas Strasser-Hird, 18.

Strasser-Hird was killed after he spoke out against a racist comment directed at a nightclub employee in November 2013.

In a notice of appeal filed Friday, Gervaissubmitted that the trial judge erred in applying the test for constructed first-degree murder, as one of his grounds of appeal.

Court of Queen's Bench Justice William Tilleman did not find Gervais planned and deliberated the murder of Strasser-Hird; rather, he found that the victim was forcibly confined during the group attack, which is one pathway to a first-degree murder conviction.

Gervais has asked that the province's top court substitute an acquittal or at least order a new trial. As a third choice, Gervais has proposed the court substitute a conviction of second-degree murder.

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The victim was first attacked by Gervais and his friends out front of the night club before bouncers escorted him out the back, where the angry mob had gathered.

As he was beaten and stabbed to death, Strasser-Hird begged for his life.

Following the attack, Gervais confessed to several people that he had stabbed the victim.

In 2016, just before Gervais was to go on trial alongside four others, he fled Canada.

Franz CabreraandAssmarShlahwere ultimately found guilty of second-degree murder, whileJochPoukwas found guilty of manslaughter. A fourth man was acquitted.

In February2018, Gervais was arrested in Vietnam and returned to Calgary to face his murder charge.

A date for Gervais's appeal arguments has not yet been set.