Suspect could face 25 years in prison
The Crown and defence have made final arguments in the murder trial of a man charged after he killed a co-worker at the Sundre McDonald's restaurant in July 2022.
On July 4, 2022, Moroccan Solaimane Elbettah killed co-worker Joshua Burns inside the fast food restaurant they were both working in in the town of Sundre, Calgary in Alberta. According to an agreed statement of facts presented during the opening of the trial, Elbettah admitted killing Burns with a machete.
Elbettah is being tried for first-degree murder, which will mean 25 years in prison before being eligible for parole.
However, the defence is arguing that Elbettah should not be held criminally liable for the killing owing to his unstable mental condition at the time of the incident, according to a report from the Cochrane Eagle.
“He killed a defenceless teenager when the disease overcame his mind during a moment of stress. There is evidence of hallucinations, which is the whispering of demons. Mr. Elbettah began experiencing symptoms of schizophrenia (prior to the killing),” said Elbettah’s lawyer Pawel Milzcarek, according to the report.
“The evidence in support of the ultimate diagnosis, I would say, is significant. He has fixed, false beliefs about demons, his co-workers, his mother, his grandmother, and these were expressed to all manner of people, professionals, friends and family.”
Milzcarek added that no person in his right mind would do what Elbettah did on the day of the incident.
“Mr. Elbettah is desperately mentally ill and was so at the time of the actions. He was not capable of knowing his actions were wrong and the court should find him not criminally responsible.”
Should he be found not criminally liable for the crime, Elbettah could see an indeterminate sentence in a medical facility, according to the report.
However, on Sept. 27, Prosecutor Vince Pingitore argued that Elbettah killed Burns because he was frustrated and angry with him.
“He was filled with rage on the night of the killing,” said Pingitore, according to the Cochrane Eagle report. “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 not commanded by some supernatural being to kill the decedent. He was fully capable of understanding what he did and knowing it was morally wrong.”
Pingitore argued that there was “a culmination of events” that “led to him being filled with rage” and therefore he planned to kill the Burns.
There was no profound delusion at the time of the killing.
“The bottom line is that this court cannot be satisfied that the accused was incapable of appreciating the nature and quality of his act and knowing that it was morally wrong.”
Previously, Pingitore said that after killing Bruns, Elbettah sent a text to one of his supervisors, Richelle Waldner.
The text message read: “Hi, Richelle, there was a murder at the restaurant. Don’t walk in by yourself. He was insulting me and he was thinking he is better than me because he is white.”
Testifying for the Crown, also in June, Dr. Yuri Metelista said he did not believe Elbettah was suffering from schizophrenia when he attacked and killed Burns, according to the Cochrane Eagle report.
The trial started on March 26, was adjourned on March 29, resumed on June 4, was adjourned on June 7, and continued on Sept. 27. Justice Glen Poelman adjourned the case until Oct. 25 when a date for the decision will be set.
