Fatal shooting was self-defence not murder, Calgary judge hears in plea

A Calgary drug dealer facing a first-degree murder charge after he shot two robbers — one fatally — pleaded guilty to gun and drug charges after lawyers agreed the killing was in self-defence. 

On Monday, Samiul Turzo, 21, pleaded guilty to possession of a restricted firearm and possession for the purpose of trafficking.

Turzo killed Stallone Clare and injured Chad Merasty in a shooting last year. 

Turzo shot the two men after they attacked him in an attempted drug robbery, according to the statement of facts prepared by prosecutor Ron Simenik and defence lawyer Balfour Der.

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The following details come from the agreed statement of facts. 

In the early morning hours of Jan. 1, 2023, Merasty and Clare were partying at a home in the northwest community of Ranchlands. The pair wanted to buy cocaine and contacted a drug dealer to have it delivered. 

Turzo yelled 'stay out'

Turzo arrived with the requested drugs but neither of the buyers had any money. 

The two men got in Turzo's vehicle "and together they both attacked and attempted to overpower Turzo."

At one point, Merasty held a knife to Turzo's throat.

The attack and struggle was observed by witnesses "who described it as the two males trying to rob the driver."

Turzo could be heard yelling "stay out" and "back the f--k up."

3-year sentence

Seconds later, the witnesses heard gunshots inside the vehicle. 

As the pair were assaulting Turzo, he was able to grab his handgun and shot each of his attackers once. 

Clare, who had been shot in the chest, stumbled out of the vehicle and died nearby. 

Merasty was shot in the shoulder, got out of the car and retreated to the home where he'd been socializing. 

Turzo fled the scene and got rid of the gun. He was arrested and charged with murder three months later.

Court of King's Bench Justice Glen Poelman handed Turzo a three-year sentence. With credit for time served, Turzo has about 19 months left behind bars.