A serving prisoner who’s already confessed to murder refused to testify at the trial of three men who also face murder charges in the same case.
Although he was originally charged with first-degree murder, Justin Urban, 34, pleaded guilty in April to second-degree murder in the February 2022 death of Chad Kowalchuk, 53, whose southeast Calgary home was set on fire five days after he was killed.
Three others, Justin Boucher, 33, Ronald Abraham, 44, and Robert Sims, 32, are now on trial for first-degree murder.
Urban and Kowalchuk were roommates at the time of the killing.
Urban admitted to his role in the murder last spring, but on Thursday, when called by the prosecution as a witness at the trio’s trial, Urban refused to testify.
“I don’t wanna take an oath on the Bible or promise or anything like that,” said Urban.
The judge told Urban he was “required to testify.”
“No,” said Urban.
Jurors excused for the day
Jurors were then asked to leave the room.
When they were brought back in, Justice Lisa Silver gave a mid-trial instruction.
“You have heard that Mr. Urban refused to testify,” Silver said. “You must not draw any inferences from Mr. Urban’s refusal to be sworn or his refusal to testify.”
Jurors were excused for the day and asked to return Friday.
The trial has been running for four weeks.
‘A motive for murder’
In the Crown’s opening statement on Day 1, jurors heard that one of Kowalchuk’s roommates spread a rumour that he was a pedophile.
That story “became a motive for murder,” said prosecutor Vicki Faulkner.
Kowalchuk suffered from health issues and spent much of his time in his bedroom. He kept a safe there that contained drugs, which his roommates knew about.
On Feb. 13, 2022, what began as a planned robbery of Kowalchuk’s safe turned into an attack on a man they believed harmed children.
‘Vicious and unrelenting’ beating
The men are accused of “viciously and unrelentingly” beating Kowalchuk.
Two of his fingers were nearly cut off. He was tied up, beaten and left for dead on the floor of his room, according to the Crown.
Faulkner told jurors the men returned over the next five days to ransack the home before setting it on fire on Feb. 18 in an effort to destroy evidence and “to try and get away with murder.”
Kowalchuk’s body was discovered by firefighters. They also found jerry cans and propane tanks throughout the Douglasdale home.