Windsor man pleads guilty to lesser charge in local murder
WINDSOR, ONT. -- Sumar Al-Rubyai, 21, has pleaded guilty to manslaughter in the murder of Jarvas Poberezny, 23.
The Agreed Statement of Facts states Al-Rubayi shot Poberezny “five times with a single firearm,” on Nov. 4, 2017.
“There was no intent to kill. This was a very chaotic situation at a party,” Al-Rubayi’s defence lawyer Brian Kolman told CTV outside court.
Kolman said it was “bad blood” between the individuals who went to the home on Heathfield Court.
“It was a party, that even before these individuals attended was descending into a chaotic atmosphere. People were having items stolen. There were knife fights that had taken place earlier in the evening,” says Kolman.
“There are several details that were never truly uncovered,” assistant Crown Attorney Bryan Pillon told CTV News.
Pillon says that includes the reasons why Al-Rubayi and Poberezny got into a “confrontation” around 1:30am.
A portion of the Agreed Statement of Facts states, Al-Rubayi drove to a friend's residence in Chatham, going on to say “Sumar Al-Rubayi confessed to shooting someone”. In the Agreed Statement of Facts - the friend described Al-Rubayi as “upset” and he told the friend “I hope Juice is OK.”
The court document also says “Al-Rubayi also stated he felt he was “backed in a corner” by people who had “knives and bear mace” and those people were “all over him”
But further in the statement, the friend told Police that Al-Rubayi stated Poberezny “deserved it”.
It also details how Al-Rubayi asked that same friend to throw the weapon used in the shooting into the Thames River in Chatham.
According to the statement, police searched but never located a gun in the water.
Over the last two years, Pillon says they weighed all the facts in the case, and what they could prove, before coming to a plea agreement on manslaughter.
“All of them (the facts) were considered in pain-staking detail after considering the law and the facts that could be proven by the crown, beyond a reasonable doubt.”
Kolman says his client is expressing his remorse through the guilty plea.
”He’s (Al-Rubayi) taking accountability for his role and certainly he’ll be sentenced for that.”
In previous police news releases, and court documents, the victim was referred to as Jarvas Poberezny-Scott.
His family could not be reached for comment, but court heard they are aware of the plea and have been given the opportunity to draft victim impact statements for the sentencing hearing.
That will be held on Nov. 6, 2020.