Man who killed Ontario restaurant owner apologizes to family, city after pleading guilty to manslaughter

Unmasking the suspects in robert owen go eating house possessor’s death | Exclusive

Police read statement from wife of slain eatery owner

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We are now adjourned until 2 p.m., when the judge will officially sentence Robert Busby Evans and Barry Evans, the two charged with accessory after the fact. Robert Evans Jr. Will be sentenced in July, as mentioned.

The judge says he will consider the joint sentencing submission for Robert Evans Jr., and that he wants to take the time to ensure the sentence is correct. He offers to complete this in two weeks. Sentencing for Barry Evans and Robert Busby Evans will come later today, at 2 p.m. ET.

"I just want to apologize to Sharif Rahman's family," Evans Jr. Says to the court. "This never should have happened. I didn't mean for him to die. There are so many things I could have done differently. I think about it every night. I’m sickened for the damage that I’ve done. I wish I could change the past. I pray every day for his family. I know my actions have hurt so many in Owen Sound. I'm truly, truly sorry."

The lawyer for Robert Busby Evans points out that while her client agrees he helped his son leave the country after the incident that caused Rahman's death, he wasn’t at the crime scene or in Owen Sound at the time. He was in Mississauga, Ont.

She says he's accepted responsibility and entered a plea, which she says should be a substantial mitigating factor. She's seeking a 21-month credit for his time served. 

One note is that this is a jointly proposed sentence, meaning that it's being proposed by the Crown and the defence. The judge still has to accept it as being in the best interest of society.

The court has heard that the two men charged with accessory after the fact, Barry Evans and Robert Busby Evans, have each served enough pretrial custody time to cover their respective recommended 24-month sentences. In other words, if this sentence is accepted, those two won't spend any more time in jail.

Robert Evans Jr.'s lawyer Adam Weisberg says his client has deep remorse for what happened. He says Evans Jr. Plans to apologize to Rahman's family and to the Owen Sound community. "Mr. Evans will live with this for the rest of his life," he said.

Mr. Rahman's wife, Shayela Nasrin, does not want to file a victim impact statement. But she has told the Crown she and their daughter suffered a profound loss in an incident that left her and their daughter alone after what is a "true tragedy." 

The Crown is seeking a 42-month sentence for Robert Evans Jr. For manslaughter and 24-month sentences for each of Barry Evans and Robert Busby Evans, both for accessory after the fact. Taking into account credit for the pretrial custody, that means Robert Evans Jr. Would serve a "remnant" of eight months in jail. 

Correction: A previous version of this post said Robert Busby Evans would serve a remnant eight months in jail. In fact, it would be Robert Evans Jr.

The Crown is now reading the agreed statement of facts. He's reading quickly, so this is tricky to report in real time. We'll circle back on this later, but it details how Rahman was struck by Robert Evans Jr. Outside The Curry House after a bill dispute on Aug. 17, 2003. Rahman was taken to hospital in Owen Sound, then transferred to Victoria Hospital in London, Ont., where he died a week later.

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