The six men found guilty in the Bandidos massacre, the worst mass murder in Ontario history. From top, left to right: Michael Sandham "Taz", Frank Mather, Marcelo Aravena, Brett Gardiner, Dwight Mushey, Wayne Kellestine
Swift decision in worst mass murder case in Ontario history; men ineligible for 'faint hope' clause
The six men dubbed "the farm crew" by prosecutors will be sentenced to life in prison Friday for their roles in the worst mass murder in Ontario history.
Ontario Superior Court Justice Thomas Heeney is required to impose life sentences with no chance of parole for at least 25 years after all the men were convicted of first-degree murder in the April 2006 killings of eight Toronto Bandidos.
The judge is also expected to hear victim impact statements from some of the relatives of the bikers, who were shot to death on the farm owned by Wayne Kellestine, just outside of London, Ontario.
The jury heard 68 days of evidence in the seven-month long trial, yet deliberated for just over a day before returning Thursday afternoon with its verdicts.
The defendants were convicted of a total of 44 counts of first-degree murder and four counts of manslaughter in the slayings of their biker "brothers."
Kellestine, 60, Dwight Mushey, 41, and Michael Sandham, 40, were each convicted of eight counts of first-degree murder.
Frank Mather, 35, and Marcelo Aravena, 33, were both convicted of seven counts of first-degree murder and one count of manslaughter. Their manslaughter convictions were in the death of Luis "Chopper" Raposo, fatally shot by Sandham during a brief shootout inside the barn on the Kellestine property.
Brett Gardiner, 24, was convicted of six counts of first-degree murder and two counts of manslaughter. The manslaughter convictions were in the deaths of Mr. Raposo and John "Boxer" Muscedere, who was led outside the barn and shot by Kellestine while Gardiner was inside the house "manning" the police scanners, which was his main role in the early morning hours of April 8, 2006.
None of the defendants is eligible to apply for the so-called "faint hope" provisions of the Criminal Code, because they were convicted of more than one-count of first-degree murder.
Lead prosecutor Kevin Gowdey thanked the victims' families outside court Thursday after the verdicts were announced. "While no verdict can turn back the clock for them we really appreciate their support during these many months in the face of the great loss that they've suffered," said Mr. Gowdey.
The guilty verdicts vindicated the decision of police and the Crown to give full immunity to the key prosecution witness who can be identified only as M.H.
"We do not downplay the role of M.H. at all," said Mr. Gowdey during closing arguments last week. The prosecutor told the jury that if M.H. had not agreed to testify and tell the truth, he would also be on trial on eight counts of first-degree murder.
The one-time drug dealer, biker enforcer and former sergeant-at-arms in the Winnipeg Bandidos traveled to the Kellestine property in late March 2006, along with Sandham, Mushey and Gardiner. Aravena arrived a few days later. Mather was a friend of Kellestine and staying at his home, when the Winnipeg Bandidos arrived.
According to M.H., the Winnipeg chapter was there to assist Kellestine in "pulling the patches" of the Toronto members and disbanding the chapter, under orders from senior Bandidos in the United States.
Kellestine told his associates to "prepare for the worst" and "if we kill one we kill them all," recounted M.H.
It was M.H. who recounted the bizarre events inside the barn on the Kellestine property.
After Raposo was shot, Kellestine ordered the other Toronto Bandidos to lie face down on the ground. Over the next couple hours Kellestine promised not to hurt his biker colleagues. But he continued to drink beer and dance a jig while singing Deutschland Uber Alles.
Eventually, Kellestine ordered other members of the "farm crew" to accompany him as he led the Toronto Bandidos outside to be shot and killed, one-by-one, their bodies stuffed into the same cars in which they arrived.
Kellestine told his accomplices to drive the bodies to Kitchener, but because one of the vehicles ran out of gas, the cars were abandoned on a side road about 15 kilometres away.
http://www.nationalpost.com/news/story.html?id=2159778
