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Preliminary hearing set for next May for suspect in Stampeder shooting

Nov 21, 2016 | 11:15 AM

CALGARY — A preliminary hearing has been scheduled for the man charged in the shooting death of a Canadian Football League player last September. 

Nelson Tony Lugela was charged with second-degree murder in September after Mylan Hicks from the Calgary Stampeders died in a shooting outside a nightclub.

The 19-year-old appeared via video link in a brief appearance Monday, only saying “thank you” when the appearance ended.

The court scheduled a five-day preliminary hearing starting May 29.

Lugela will remain in custody unless he decides to seek bail.

“There’s no decision made as to when or if there will be a judicial interim release application,” his lawyer, Alain Hepner, told reporters outside court.

He said it could take a month or longer before he is able to go through the disclosure documents which he described as “voluminous.”

“There are a number of witness statements. I have to review the contents of the witness statements in detail as well as the autopsy report so that’s the bulk of it. That’s where I start.”

Hicks, a 23-year-old defensive back who was on the practice roster of the Calgary Stampeders, was gunned down outside the Marquee Beer Market and Stage Sept. 25.

Officers found Hicks in life-threatening condition. He was taken to hospital where he died.

Police say there was an altercation that involved several people inside the nightclub that moved outside after it closed. Several members of the Stampeders were in the bar at the time.

Hepner said his case isn’t hampered by of the publicity the shooting has already received.

“It’s a tragedy no matter what. It doesn’t make any difference who the victim is in any case I do,” Hepner said.

He said his client is doing about as well as can be would expected.

“He’s doing like anybody else who’s facing a homicide charge. They’re all serious, they’re all morose. I mean it’s not a happy environment.”

The May preliminary hearing date means the case is progressing through the court system quicker than normal, Hepner said.

“He’s in custody. They’re making more room for in-custody matters because of the Jordan decision,” said Hepner. “There’s some appetite to move things along much more quickly.”

The Supreme Court of Canada ruled last July, in what is known as the Jordan decision, that a reasonable delay to trial is 18 months for provincial cases and 30 months for cases before the superior court.

Hicks signed with the Stampeders in May but hadn’t played a game for the team, which has advanced to next weekend’s Grey Cup.

His teammate, Jamar Wall, has been wearing his No. 31 since Hicks’ death.

_ Follow @BillGraveland on Twitter

 

Bill Graveland, The Canadian Press