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Wrongly Convicted Database Record
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Charge: |
Second Degree Murder |
Sentence: |
Life Imprisonment with possibility of parole |
Years Imprisoned: |
3.4 |
Year Crime: |
2013 |
Year Convicted: |
2013 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
Alberta |
City of Crime: |
Calgary |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Christopher Michael Burr was wrongly convicted on December 4, 2014 of second-degree murder in the shooting death of Duane Laybourne in the basement of a home in Calgary, Alberta on February 3, 2013. Burr's prosecution was based on the prosecution's contention that Burr deliberately shot Laybourne, who was a drug addict, during an argument over heroin. Burr's defense was that Laybourne accidentally shot himself with a sawed-off rifle after Laybourne attacked Burr, and the rifle discharged during the altercation. Burr’s girlfriend Kylie McKinley pepper-sprayed Laybourne in an effort to stop him during the altercation. Laybourne was shot twice by Burr, with one bullet going through his left thigh, and the outher went through his right arma nd lodged in his chest. Laybourne was able to walk up the basement stairs after being shot and he drove away in his car attack, but after driving for a distance he stopped the car and bled to death. After his conviction by a jury Christopher Burr was sentenced on January 16, 2015 to life in prison with the possibility of parole after serving 14 years. Burr appealed. In April 2015 Alberta's Court of Appeal quashed Burr's conviction and ordered a retrial because the trial judge prejudicially erred by failing to instruct the jury to consider that Burr acted in self-defense. On June 17, 2016 Burr's retrial was set to begin on June 12, 2017. However, a month later Alberta Justice reversed its decision to pursue a retrial. Based on its concession there was not enough evidence to prove Burr guilty beyond a reasonable doubt with a jury properly instructed to consider self-defense, Alberta Justice filed a motion to stay the charges against Burr that was granted on July 20, 2016, and Burr was released later that day." |
Conviction Caused By: |
Trial judge erred by failing to instruct jury to consider Burr's claim of self-defense. |
Innocence Proved By: |
"Based on its concession there was not enough evidence to prove Burr guilty beyond a reasonable doubt, Alberta Justice filed a motion to stay the charges against Burr that was granted on July 20, 2016, and Burr was released later that day." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
24 |
Age When Released: |
27 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Previously convicted killer set free after Alberta Justice declines to prosecute 2nd trial, By Nancy Hixt (Crime Reporter), Global News, July 25, 2016" |
Information Location 1: |
http://globalnews.ca/news/2847026/previously-convicted-killer-set-free-after-alberta-justice-declines-to-prosecute-2nd-trial/ |
Information Source 2: |
"Jury returns guilty verdict in heroin-related slaying, By Daryl Slade, Calgary Herald, December 4, 2014" |
Information Location 2: |
http://calgaryherald.com/news/crime/jury-returns-guilty-verdict-in-heroin-related-slaying |
Information Source 3: |
"Crown stays murder charge against Calgary man, By Kevin Martin, Calgary Herald, July 26, 2016" |
Information Location 3: |
http://calgaryherald.com/news/crime/crown-stays-murder-charge-against-calgary-man |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org