KAMLOOPS - It's been more than two years since Shane Gyoba, now 30 years old, killed his uncle Ed after getting into an argument, now a Kamloops Supreme Court judge has sentenced him to life in prison.
It will be at least 10 years before Gyoba is eligible for parole, judge Dev Dley decided yesterday, Nov. 28. His decision comes after a months-long battle over whether or not Gyoba was criminally responsible for the murder.
However, Gyoba instructed his lawyer Don Campbell to not pursue the defence of not criminally responsible by reason of mental disorder. Crown prosecutor Neil Flanagan filed an application for the Crown to pursue that defence.
A psychiatric assessment came back at the end of August, stating that although Gyoba showed characteristics of narcissism and anti-social behaviour, it didn't render him incapable of understanding the murder was morally and legally wrong.
During sentencing submissions, both Campbell and Flanagan focused on Gyoba's mental state. The Ashcroft man had frequent outbursts during trial and other hearings, often interrupting both lawyers and the judge.
Flanagan spoke about Gyoba's disregard for others and the law. He also noted Gyoba showed a "complete lack of remorse" for murdering his uncle.
"Mr. Gyoba is a dangerous person," Flanagan said. "He's broken in a way that renders him, in the Crown's view, a more dangerous person."
Flanagan also said Gyoba showed very slim, if any, prospects for rehabilitation. Crown sought a parole ineligibility period of 11 to 12 years, but Dley sided with Campbell, who asked for 10 years.
This past June, Gyoba was found guilty of murdering his uncle, Ed Gyoba. Police responded to Ed's Ashcroft property on June 3, 2014 after neighbours saw Shane digging a hole in the backyard.
Ed died after Shane struck him over the head multiple times with a shovel, shoved dirt and grass in his mouth, and buried him.
For past stories on this case, go here.
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