Public Submission to the Crown & Full Verdict Document from Trial

The following is the full text of our formal submission to the Crown Attorney and Director of the Crown Law Office – Criminal regarding the appeal in Sammy’s case.

We are making this document public in the interest of transparency. It outlines the specific legal concerns we believe warrant an appeal of the manslaughter verdict.

For those who wish to review the results of the trial in full detail, a link to the full verdict from the judge is included at the end of this post.

Good afternoon Mr. Caputo and Ms. Mitchell,

Thank you for your letter of February 18, 2026, and for confirming that the Crown Attorney has approved the request to appeal Justice Kurke’s decision and that it has now been forwarded to the Director of Crown Law Office – Criminal. This is very positive news for our family, over five years since Sammy’s death on November 12, 2020. We truly appreciate the work you and the Crown team have done on this matter. At the same time, the long wait and lack of specific updates have been very difficult. We have attended every day of the trial, provided information, and shared our detailed concerns in good faith because we want to support justice being done. We hope there can be more openness moving forward so we feel like full partners in the process.

To assist the Director’s review as much as possible, I attach (or set out below) the six specific points we believe show clear errors of law in the judgment. These are grounded directly in the reasons themselves, the evidence at trial, and established Canadian law. We hope they will be helpful to the Director when deciding whether to launch the appeal.

1. Premeditation / texts / threats downplayed as “teenage bravado”
2. Intoxication claim given partial weight despite zero evidence on the night
3. Intent and forensics of the stab wounds and intent under s. 229(a)(ii)
4. Selective acceptance of Montana’s “knife drop / instant regret” claim despite contradictory eyewitness evidence
5. Framing the entire killing as mere “extreme anger and vengeance” while ignoring planning
6. Montana’s proven pattern of lying and changing his story (jail statement vs. trial testimony) — which should have stripped all credibility from his evidence and supports consciousness of guilt / intent

(Full detailed wording of each point is in the attachment. We do not wish to remain in the dark waiting for an answer. If the Director decides not to proceed with the appeal, we will need a full and detailed explanation of all the reasons why, including a specific response to each of our findings of fact and law. This will allow us to be fully prepared to take all necessary further steps to seek proper justice for Sammy and our family. This is not our fault, and it is not my son’s fault,  the system has brought us to this point.

We have been very patient over these five years and have gained a great deal of knowledge. We will continue standing up for what is right until justice is fully served. We are prepared to fight for the rest of our lives if we must. There is no time limit on standing up for my son and the injustice done to him and our family.

Please let us know as soon as the Director decides. We remain available at any time to provide more information or answer any questions that could assist the appeal.

“TATTOO OF A COLOURED IN TEAR DROP UNDER HIS LEFT EYE IS A STATEMENT OUT LOUD TO EVERYONE THAT HE MURDER MY SON. NOT MEANING HE INTENDED TO HURT HIM”

Thank you again for your work on this matter.

Here is the link to the 43 Page Verdict