Calgary judge rules killer was hired hitman targeting victim charged with organized crime money laundering
Michael Arnold, 37, convicted of 2nd-degree murder, attempted murder
An Edmonton murderer who shot a husband and wife as they pulled out of their suburban driveway was a contract killer, hired to target the man who'd recently been charged with money laundering, a Calgary judge ruled Thursday.
Michael Arnold, 37, was convicted of second-degree murder in the death of Nakita Baron and attempted murder of Talal Fouani.
The couple was shot in August 2022 while in the driver's and passenger's seat of their Bentley in front of their southwest Calgary home.
Video of the incident was captured on a neighbour's security camera. It shows that when Fouani put his window down, Arnold shot him in the face. He then shot Baron.
The shooting took place two months after Fouani and more than a dozen others were charged in a massive cross-border, organized crime investigation.
Fouani's charges were among the least serious. Earlier this week, he admitted to funnelling more than $800,000 on behalf of the leader of the group.
On Thursday, Arnold's sentencing hearing took place. Before sentencing arguments, Court of King's Bench Justice Nancy Carruthers ruled on the findings of fact — the conclusions jurors must have reached in determining their verdicts.
Carruthers rejected Arnold's testimony that he had staked out the Fouani's home for weeks before and again in the hours leading up to the fatal shooting: "I did not believe Mr. Arnold engaged in a car jacking," said the judge.
'Engaged by a third party'
Based on the evidence and the jury verdict, Carruthers ruled that Arnold was contracted to murder Fouani.
"I do find that Mr. Arnold was engaged by a third party to shoot Mr. Fouani," said Carruthers.
Carruthers reached that conclusion, in part, based on a recorded conversation between Arnold, a friend and a third, unidentified person.
In referencing the double shooting which left Baron dead at the scene and Fouani injured but alive, Arnold said: "It should have gone the other way," and, when referencing the mortality rates for someone in a coma said "the statistics are on my side."
These comments, said the judge "infer an intent that Mr. Fouani should not have survived."
But the judge stopped short of making a finding regarding the identity of the person or group that hired Arnold, or their motive.
Arnold was originally charged with first-degree murder, but the jury did not find beyond a reasonable doubt that he planned to kill Baron. Carruthers expanded on that, ruling the Crown had not established that Arnold would have known Baron would be in the Bentley.
Arnold 'offends basic moral values'
Arnold's murder conviction means he will face a life sentence in prison but the judge must still determine the period of parole ineligibility and the sentence for the attempted murder conviction, which will be served concurrently.
Prosecutors Hyatt Mograbee and Greg Whiteside asked the judge to impose an 18-year sentence for the attempted murder and a 20-year parole ineligibility period on Arnold's life sentence.
"[Arnold] continues to put the public at risk and he offends the basic moral values of this community," said Mograbee.
Defence lawyers Jordan McDermott and Kathryn Quinlan asked Justice Carruthers to impose a 15-year parole ineligibility period and a 16-year sentence for attempted murder.
The judge will deliver her decision in October.
'Need to know why'
In a victim impact statement filed as part of the sentencing hearing, Gwen Baron wrote that she is still "emotionally broken" over her daughter's death and was not able to attend Thursday's hearing.
"Life is difficult and lonely without her."
Gwen wrote that the pandemic brought the mother and daughter even closer.
"All outings were with Nakita," she said. "Movies, bowling, lunch, groceries, birthday and Christmas holiday get-togethers, sleepovers."
"[I] need to know why and who was all involved with this crime."
'I picture my girl ...in a body bag'
In his victim impact statement, Udo Baron wrote that his daughter "was the most loving and caring person and gave us pride and joy."
"I picture my girl laying on the pavement in a body bag. No parent can stomach that," wrote Udo.
"People say time heals wounds. I find that is not true."
Fouani also wrote a statement for the sentencing hearing describing the loss of "everything I loved."
"No one should ever have to watch the person they love take their last breath in front of them," said Fouani.
Despite being shot by Arnold and watching the contract killer murder his wife, Fouani says he has "made the choice to forgive."
"Not because what happened was excusable but because I refuse to let hatred consume me. I will not allow this tragedy to define the rest of my life," said Fouani.
"My choice is to seek justice, to remember Nakita and to live my life in a way that honours her."
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