A Winnipeg man has been found guilty of second-degree murder in the killing of a teenage beer vendor clerk, a conviction anchored on the evidence of a one-time co-accused granted immunity from prosecution in exchange for his testimony.
Robert Francis, one of three people arrested following the Feb. 14, 2022, slaying of John Lord Barrion, was an “unsavoury witness” who had a “clear interest” in testifying against now convicted killer William Sampson, but his evidence was corroborated by cellphone records, GPS data from the getaway car and other pieces of independent evidence, King’s Bench Justice Joan McKelvey said Thursday.
“I am satisfied that his testimony is confirmed in material, relevant, independent and reliable circumstances,” McKelvey said.
“All the circumstances pointing to the accused cannot constitute coincidences in every aspect,” she said. “These are significant and material confirmatory details. I am satisfied beyond a reasonable doubt the accused was the shooter as testified to by Francis.”
Barrion, 19, was shot dead following an early morning robbery by three masked men at the Canadiana Motor Hotel (Travelodge) on Notre Dame Avenue.
Francis, who was originally charged with manslaughter and armed robbery, testified he was struggling with a crack addiction when he received a call from co-accused Ryan Jeron Smith the evening of Feb. 13, asking if he could “drive him to a job.”
Francis said Smith provided him no further details, but he agreed to drive him, hoping “I would get some drugs or some money.”
Francis borrowed his brother’s Hyundai Elantra and, after picking up Smith, drove to a Young Street address, where they picked up Sampson, who Francis had met one previous time at a drug house.
Francis said he was directed to drive to the Canadiana Motor Hotel, where, after pulling into the parking lot, Smith and Sampson told him to cover up the vehicle’s licence plates.
When Francis returned to the vehicle, Smith and Sampson were putting gloves and masks on.
“They said they were going to go in and rob the liquor store,” he testified.
Smith handed Francis his own mask and gloves. Francis said he was “kind of terrified” when he then saw Sampson pull a sawed-off rifle from a duffel bag.
After ensuring there were no customers in the store, the three men walked inside, with Francis returning briefly to the car to grab a bag.
“I expected they were just going to grab the money or something and just leave,” Francis said.
Francis threw the bag to Sampson, who was at the front counter, “telling the kid to empty the register.”
Francis said he was standing at the door when he turned around and heard a “pop” and Barrion crying out in pain.
“I got scared and ran toward the car,” and the three drove away, he said.
McKelvey said security video clearly showed Barrion providing the cash drawer to the gunman as requested before moving to his left “in fear.”
“The accused tracked him with the barrel of the firearm and fired a shot into his upper chest area,” McKelvey said.
Francis told court he asked Sampson why he shot Barrion, and he responded: “I told the kid not to move.”
“That mindset and the recklessness of firing a shot into Mr. Barrion’s upper chest area is indicative of the state of mind required for murder,” McKelvey said.
Sampson, 53, will be sentenced in February. The minimum sentence for second-degree murder is life in prison with no chance of parole for 10 years.
Smith, 42, pleaded guilty to manslaughter last February and was sentenced to seven years in prison.
dean.pritchard@freepress.mb.ca
Dean Pritchard
Courts reporter
Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.
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