Men who killed Calgary teen in 2013 swarming ask Appeal Court to overturn convictions

All three men convicted of killing Lukas Strasser-Hird a Calgary teen who was swarmed and beaten in a Calgary alley in 2013 have asked the Alberta Court of Appeal to overturn their convictions and order a new trial.

Franz Cabrerawas found guilty of second-degree murder and was sentenced last month to life in prison with no chance of parole for 15 years. JochPoukwas found guilty of the lesser charge of manslaughter and sentenced to seven years in prison.

Cabrera filed his appeal Monday while Pouk's was delivered to the higher court on Tuesday.

Immediately after AssmarShlah'ssecond-degree murder conviction in June, he asked the Appeal Courtfor a new trial, arguing the jury's verdict was "unreasonable."

Last month, Shlahwas handed a life sentence with no chance of parole for 12 years.

Strasser-Hird, 18, died in hospital after he was attacked in an alley at Second Street and 10th Avenue S.W. on Nov.23, 2013. He wasswarmed, beaten and stabbed.

• 'Her nightly prayer is that she won't wake up': Lukas Strasser-Hird's family details grief in court

Cabrera's lawyer Gavin Wolch filed a notice of appeal for both his conviction and sentence, citing 10 grounds.

The document alleges the trial judge erred in allowing jurors to hear evidence of text messages between Cabrera and Nathan Gervais whowascharged with first-degree murder, but disappeared weeks before the trial began while out on bail.

Wolch also argued in his notice of appeal that jurors were not properly instructed on circumstantial evidence and that the judgeshould have granted defence's application to stay all charges based on unreasonable delay in getting the matter to trial.

In regards to the sentence appeal, Wolch said thetrial judge did not consider mitigating factors in sentencing Cabrera, and"[imposed] a harsh and excessive period of ineligibility for parole."

JordanLiao,was acquittedof second-degree murder. Warrants are out forGervaiswho remains at large.

There was evidence presented at the trial that the initial fight began when Strasser-Hird spoke out after a racial slur was uttered by one of his would-be attackers.

Bouncers then escorted him out the back of the club, where a group of men including the trio found guilty swarmed and attacked.

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