Murder charge dropped after co-accused pleads guilty to manslaughter
Police arrested two people on Josephine Street related to a homicide in Windsor, Ont, Monday, Nov. 6, 2017. (Bob Bellacicco / CTV Windsor)
WINDSOR, ONT. -- Idrisso Palmer, 22, has been cleared of all charges, in relation to the murder of a Windsor man.
Jarvas Poberezny, 23, man was shot five times at a house party on Heathfield Court on Nov. 4, 2017.
“My client has maintained his innocence from the outset,” says defence lawyer Christopher Uwagboe.
Palmer has been in jail since the time of the murder “up until a couple of months ago when he received bail” according to Uwagboe.
Palmer was originally charged with first degree murder and breach of recognizance, for a weapon violation, according to Windsor police.
In a written statement to CTV News, assistant Crown Attorney Bryan Pillon says “the charges against Mr. Palmer were withdrawn following his Honour’s official finding that Mr. Rubayi is guilty and accepted all of the facts read by the crown including that it was he who shot and killed the deceased victim.”
On Wednesday in Superior Court Sumar Al-Rubayi, 21, pled guilty to manslaughter in Poberezny’s death.
“Given the plea by his co-accused, that assisted a decision to finally let him out of this matter,” says Uwagboe.
In an Agreed Statement of Facts, for Al-Rubayi’s guilty plea, gun shot residue was identified by the Centre of Forensic Science on “clothing allegedly worn by Palmer.”
Uwagboe says that doesn’t implicate Palmer.
“Anybody who was outside, within that shot radius would have gun residue on them, including individuals who have been discharged from these proceedings that also had gun shot residue on them,” said Uwagboe.
“Unfortunately it lead to him being tied into the offence longer than he should have been.”
Uwagboe says Palmer and Al-Rubayi grew up together and “share a close bond of friendship.”
Now that all charges have been dropped, Uwagboe says Palmer is looking forward to moving on with his life.
“My clients family is definitely feeling like a burden’s been brought off of them.”
In July 2019, a charge of first degree murder was dropped against a third co-accused, Neil Tap.
At the time, Justice Greg Campbell ruled there was insufficient evidence to proceed to trial against Tap and at that time, he downgraded the charges against Palmer and Al-Rubayi to second degree murder.
A sentencing hearing will be held for Al-Rubayi on Nov 6, 2020.