Two Edmonton maximum-security prisoners who claimed they were defending themselves when they stabbed a fellow inmate to death have been convicted of manslaughter.
In a written decision released Dec. 10, Court of King’s Bench Justice N Whitling found Brandon Jacob Newman and Cody Cameron Nicholls criminally responsible for the July 2022 death of Bretton Robert Fisher inside the Edmonton max prison.
The judge rejected the core of their defence, ruling that while the men may have believed they were under threat, their armed, pre-emptive attack on Fisher was not a reasonable or lawful response.
The deadly fight was captured on prison security cameras. The video, described in detail in the judgement, shows Newman and Nicholls entering Fisher’s cell with homemade metal “shanks” tied to their wrists. A struggle ensued, and Fisher, who was unarmed, fled into a common area.
The footage shows Fisher grabbing a broom handle to defend himself as the two armed men pursued him down a narrow corridor. He was overpowered, stabbed three times, and later died from a single deep wound to the chest. After Fisher collapsed, the video shows Newman stomping on him eight times and Nicholls once.
At trial, Nicholls testified that Fisher had threatened to have them “stabbed up” earlier that day. He claimed their plan was only to intimidate Fisher into requesting a transfer off the unit, not to kill him.
Justice Whitling accepted that the inmates might have genuinely feared Fisher, who was described as larger and having a violent reputation. However, he found their actions went far beyond defence.
The judge highlighted that the pair were the aggressors, had multiple chances to stop the attack as Fisher retreated, and used their numbers and weapons to overwhelm him. He found the Crown had not proven they intended to kill Fisher, leading to the manslaughter verdict instead of a murder conviction.
Both men had been charged with first-degree murder. The Crown, during closing arguments, sought convictions for second-degree murder or, alternatively, manslaughter.
A third inmate originally charged, Dakota Kashtin Cappo, was not tried alongside them. The video showed Cappo preventing another prisoner from intervening.
A sentencing date for Newman and Nicholls will be set at a future hearing. Manslaughter carries a maximum sentence of life in prison.
