Two individuals who were accused of the murder of an innocent café customer in Montreal in the summer of 2016, and for whom the Court of Appeal had ordered a new trial, have just been found guilty of this crime.
Jeff Joubens Theus and Ebamba Ndutu Lufiau were accused of having shot dead, on June 2, 2016, Angelo D’Onofrio, 72, an ordinary customer of the Hillside café, on rue Fleury, whom they mistook for a member of the Montreal mafia. Theus acted as shooter and Lufiau as driver.
PHOTO PROVIDED BY THE FAMILY
The victim, Angelo D’Onofrio
In an initial jury trial that took place in 2019, Jeff Joubens Theus was found guilty of the murder of Mr. D’Onofrio while proceedings in Lufiau’s case were stopped, due to the health of the ‘accused.
But last year, the province’s highest court overturned Theus’ guilty verdict because it ruled that the trial judge erred in law by admitting into evidence a conversation involving the accused and captured by the investigators who should have been dismissed.
PHOTO FILED IN COURT
On the left, Mr. D’Onofrio and on the right, the man who was targeted, Antonio Vanelli.
The jury ignored it
Just before Theus’ second trial, which began on September 12, Lufiau admitted his guilt to one count of second-degree murder, which was hidden from the jury.
After a month of trial and less than 24 hours of deliberation, the jury in Theus’ second trial found him guilty of the premeditated murder of Mr. D’Onofrio.
“During the first trial it wasn’t entirely clear to me what was happening, but during the second I was able to listen without emotion. I’m happy with the verdict, but now that it’s over, will we forget Lino? He was sacrificed for nothing. I don’t want people to forget it, it’s my worst fear,” Lina Simone, Mr. D’Onofrio’s widow, told La Presse who assiduously followed the procedures initiated after the arrest of the two men in 2017.
“We are satisfied with the verdict. This puts an end to seven years of work on the part of the police and the prosecution. It’s a balm for the family,” added M.e Nadia Bérubé who represented the DPCP with her colleague Me Katherine Brabant.
Cancer
Although Theus will automatically receive a life sentence with no eligibility for parole for 25 years, Superior Court Judge Hélène Di Salvo postponed the sentence until next week, in case the accused wishes to speak. .
As for Lufiau, he will also receive a life sentence, but the Prosecution and the Defense suggest a period of ineligibility for parole of 13 years, which Judge Di Salvo will also have to rule on.
“My client became aware. He no longer has contact with these people. He has just finished high school in detention. Upon his release, he wants to become an asset to society,” argued his lawyer, Mr.e Steve Hanafi during sentencing presentations.
Me Bérubé explained that Lufiau has refugee status in Canada, and that this status could be revoked once his sentence is served and that he could be returned to his country of origin, the Democratic Republic of Congo. “It’s the minister who will decide,” she said.
Mme Simone also testified and said she feared appearing weak during her testimony.
“Weakness is the last word that will come to mind when I think of you. Mr. D’Onofrio will not be forgotten by Justice. He is not just a name or another victim,” the judge said, emphasizing the woman’s “courage and dignity.”
“Messrs Theus and Lufiau are cancers and they gave me this same cancer which is destroying my soul”, said Mr.me Simone.
Jeff Joubens Theus was represented by Me Élizabeth Ménard and Me Audrey-Bianca Chabauty who did not want to comment on the verdict.
To contact Daniel Renaud, call 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.