Confessed killer Robert Joseph Matthews was “primed” for crime when he fatally shot a homeless Calgary man, but the Crown failed to prove that included murder, a judge ruled Tuesday.
Judge Rules on Intent
Justice Lisa Silver found Matthews set out in the early morning hours of Sept. 9, 2023, along with a teenage accomplice, for the purpose of committing a significant offence but the shooting of Jordan Jacques-Vetten during a botched robbery only amounted to manslaughter.
The Calgary Court of King’s Bench judge said the circumstantial evidence presented by Crown prosecutors Carla MacPhail and Don Couturier didn’t establish Matthews had the intent for murder when he shot Jacques-Vetten in the upper chest.
Details of the Crime
Silver found Matthews recruited an underaged accomplice, who was also convicted of manslaughter and handed a youth sentence, to wreak criminal havoc on Calgary that day.
“Mr. Matthews presented himself as a significant figure in Calgary’s criminal milieu,” Silver noted, of the offender’s original plan to rob ATM machines while heavily armed with multiple firearms. “This evidence … shows Mr. Matthews wanted to commit crimes that night and was ready and willing to commit violence, including the use of a firearm.”
When the ATM plan was abandoned, Matthews still wanted to commit some form of offence, Silver said. “The one consistent feature was Mr. Matthews’ desire to do something,” she said. “He drove around (with his accomplice) looking for an opportunity.”
Opportunistic Attack
That arose when they spotted Jacques-Vetten on a residential street in the northwest community of Capitol Hill shortly before 4 a.m. that morning. “Mr. Vetten, who was walking (around) with his life’s belongings in his backpack … presented such an opportunity,” Silver said. “They acted immediately without prior planning.”
The youth “sprung” from Matthews’ car armed with a hatchet and confronted Jacques-Vetten, 33, who was unhoused at the time and had earlier completed a shift at his new job at a downtown restaurant. Silver said a combination of Matthews wish to commit a criminal act, coupled with drug use by the two assailants, “devolved into unplanned, opportunistic violence.”
When Jacques-Vetten refused to give up his backpack, instead handing the youth his cellphone, Matthews came up behind the teen and fired a shot into the victim’s upper left chest.
Defence Argument Accepted
Silver agreed with defence counsel Rebecca Snukal that the Crown had failed to establish her client intended to kill Jacques-Vetten or cause him grievous bodily harm that was likely to cause his death. A date for Matthews’ sentencing hearing will be set July 10. Matthews, who is currently serving a federal sentence on unrelated charges, remains in custody.
