Erick Buhr found guilty of second-degree murder in grandmother’s death

Erick Buhr has been found guilty of second-degree murder in the death of his grandmother, Viola Erb.

Jury began deliberations early Monday afternoon. By 3 p.m. the jury had their verdict.

History of the case

Erb, 88, was found bleeding on the floor of her kitchen on Sept. 24, 2022. She was pronounced deceased not long after first responders arrived.

Five days later, Buhr, who court has heard had been living with her in the home outside Baden, was arrested and charged with second degree murder in Erb’s death.

Justice Gerry Taylor told the jury they have two options for a verdict: not guilty, or guilty of second-degree murder.

Taylor told the jury that based on the extent of Erb’s injuries, it can only be concluded that whoever attacked her must have intended to kill her or meant to cause bodily harm that they knew was likely to cause her death.

Viola Erb. (Mark Jutzi Funeral Home)

Buhr, now 41, took the stand to testify in his own defense during the trial, saying he had been in a forested area behind the house, smoking cocaine, and went inside to find his grandmother bleeding on the floor.

The crown has argued that GPS evidence from an ankle bracelet Buhr was wearing at the time contradicts his story, placing him in the area of the house in the twenty minutes before he called 911 to report Erb’s injuries. Erb’s blood was also found on clothing later seized from Buhr’s bedroom.

Buhr has argued that the GPS data is inaccurate. He admitted to lying to police multiple times about whether he changed out of his clothing before first responders arrived, but said that’s the only thing he lied about.

Buhr has been representing himself at the trial and gave his own closing argument. Earlier in the trial he was represented by defense lawyer Bruce Ritter. The jury was not provided details around Ritter’s departure, and was told it is not evidence and has no place in the deliberations.

Erb was well-known in the community as the co-founder of Erb Transport with her late husband Vernon.

What’s next?

Justice Taylor asked the jury to give recommendations, if they wished, as to how many years it should be before Buhr can be eligible to apply for parole.

Ultimately, it will be the judge’s decision to set the period of parole ineligibility, which will have to be between 10 and 25 years, but the judge said he would consider any recommendations made.

Jurors were told to consider Buhr’s character, the nature of the offence and the circumstances surrounding it.

Two jurors did not provide a recommendation. Four said 20 years, one said 22 years, and the remaining five said 25 years.

Before discharging the jury, the judge thanked the jury and said he knew they worked very hard and this has been a stressful time.

The case will be back in court on Nov.29 to set a date for sentencing.