New trial ordered for man accused of killing father over Ferrari
Alexander Shevalev's 2nd-degree murder conviction has been overturned
A Vancouver man who was found guilty of killing his 80-year-old father over a Ferrari has had his conviction overturned.
The B.C. Appeal Court set aside a second-degree murder charge Wednesday, and ordered a new trial for Alexander Shevalev, who was sentenced to 10 years in prison in July 2018 for choking Vladimir Shevalev to death over the purchase of the luxury car.
But Justice David Frankel ruled the trial judge did not properly answer a question from the jury when asked if Alexander Shevalev intended to murder Vladimir Shevalev in 2015 when he put his father in a chokehold during an argument.
The court documents show the argument stemmed from Alexander Shevalev e-transferring himself just over $100,000 from his father's bank account, and using the money to purchase a used Ferrari.
Father spat at him, trial told
Vladimir Shevalev wanted the car returned and the fight broke out when Alexander Shevalev went to his father's Vancouver condominium with a friend to give him the keys and documents for the vehicle.
According to Alexander Shevalev's testimony, his father spat in his face and kneed him in the groin. Alexander Shevalev said he then put his father in a chokehold out of self-defence.
He said he let go of Vladimir Shevalev after he stopped struggling and slouched on the floor and then asked his friend to help him move his father to his bed before leaving.
Vladimir Shevalev was found dead in bed by a building concierge. A forensic pathologist testified he died from external pressure to his neck.
Frankel wrote in his ruling it is possible the jury convicted Alexander of second-degree murder without being satisfied he had the "requisite intent for murder when he applied the choke hold."
A new trial date has not yet been set.