Calgary

Accused murderer tells jurors he 'panicked' after being attacked and tried to take 'warning shot'

A Calgary man accused of murder testified in his own defence Tuesday, telling jurors he “was trying to take a warning shot” when he fatally injured his victim.

Sam Barbera on trial in 2022 shooting death of Jonathan Huebner

A man in a ball cap with sunglasses on top of his head.
Jonathon Huebner, pictured, was killed in a garage in southeast Calgary on June 14, 2022. Sam Barbera is on trial for second-degree murder. (evanjstrong.com/obituary/Jonathon-Huebner)

A Calgary man accused of murder testified in his own defence Tuesday, telling jurors he "was trying to take a warning shot" when he fired a gun during a dispute. 

Sam Barbera, 37, is on trial for second-degree murder in the June 2022 death of Jonathan Huebner, 39. 

On Tuesday, seven days into his trial, Barbera took the stand in his own defence, answering questions from his lawyer Katherin Beyak and then from prosecutor Tara Wells, who is attempting to discredit the accused's version of events. 

Barbera testified that he was a drug user and dealer at the time of the killing, and had been living in a garage in the southeast community of Forest Lawn. 

Barbera told Beyak that he and his girlfriend Sidney had been up all night doing crack and meth.

Around 8 a.m. on June 14, 2022, Huebner arrived with his girlfriend and another friend. 

The two men had met a few times and had mutual acquaintances.

Once he entered the garage, Huebner told Barbera that Sidney "owed him money." 

'She was shook'

Barbera testified that Huebner had a "reputation" for violence.

"Two of the times I showed up at my friend's house [Huebner] had someone there held hostage." 

According to Barbera, Huebner's girlfriend, nicknamed "Lainey," was also known to take hostages.

Barbera told jurors that Lainey had held Sidney against her will at a home for three days earlier that month. 

Sidney had been paranoid since then, according to Barbera, and had brought home a shotgun. 

"She was shook," he said. "Any time she heard a noise outside, she thought it was Lainey."

'I panicked'

So when Lainey and Huebner demanded money, Barbera complied. 

"I was assuming they would just take it and leave," said Barbera. 

But even after he handed over what he estimated to be between $100 and $200, Huebner attacked, according to Barbera.

Barbera said he managed to block several punches before Huebner landed some knee shots to the ribs.

When the two separated, Barbera testified that he picked up a loaded shotgun, previously offered to him by Sidney, and fired. 

"I panicked, grabbed the gun and shot," he told jurors. 

'I wasn't aiming, I was trying to take a warning shot so they would leave … I was scared, I didn't know what was going to happen."

The trial will continue on Wednesday. 

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.