Erick Buhr to represent himself during sentencing for second-degree murder in death of his grandmother, Viola Erb
Erick Buhr will represent himself as he prepares for sentencing after being convicted of second-degree murder in the death of his grandmother, Viola Erb.
He’s scheduled to appear in court on Jan. 27, 2025 for a sentencing hearing before Justice Gerry Taylor.
At a brief court appearance on Friday to set the date, Buhr confirmed he intends to continue to represent himself in the case after firing his lawyer mid-trial.
Erb, who was 88, was found with fatal injuries on her kitchen floor on Sept. 24, 2022. She was pronounced deceased not long after first responders arrived.
Days later, Buhr, her grandson who lived with her at her home outside Baden, was arrested and charged in her death.
Buhr’s trial began in October 2024. Buhr was represented by Bruce Ritter while the crown and defense called evidence.
The crown’s evidence included blood-stained clothing found in Buhr’s bedroom and data from a GPS ankle monitor Buhr was wearing at the time that showed him in and around the house at the time Erb was attacked.
Buhr took the stand to testify in his own defense, saying he had been using drugs in a wooded area behind the house and then came inside to find his grandmother injured. He argued the GPS data was not reliable.
After testifying, Buhr fired his lawyer and requested a mistrial, saying Ritter had not told him the crown had his cell phone records or that there was body camera footage from the emergency response that would be used in court.
The judge dismissed the mistrial application.
Buhr then gave his own closing address, urging the jury to find him not guilty in his grandmother’s death.
“If the GPS don’t fit, you must acquit,” he said.
The crown argued that Buhr was at the location of the murder at the time it was committed, he knew what the murderer knew and he wore the murderer’s clothes.
"The GPS in this case does fit, so you cannot acquit," crown prosecutor Jennifer Caskie countered in her closing.
At the time, Justice Taylor noted that a second-degree murder conviction comes with an automatic life sentence, but it is up to the judge to determine the period of parole ineligibility. That can range from ten to 25 years.
Before discharging the jury, the judge gave them the opportunity to offer their recommendations on how long Buhr should be ineligible to apply for parole, asking them 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.
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