Two men who were charged in the death of a suspected gang member have had their charges stayed after a preliminary inquiry was held last week.
An inquiry was held on Thursday for Pedro Julio Saenz, 22, Christopher Ryan McIvor, 21 and Brandon Cody Smith, 23, who were jointly charged with first-degree murder and conspiracy to commit to murder in relation to the 2009 death of Brandon Prevey, 29.
After the inquiry, Judge Jim Mitchell determined there was not enough evidence to move ahead with a trial for Saenz and Smith and their charges were stayed. A stay of proceedings can either be temporary or permanent but it is unlikely the charges will be reinstated.
However, Mitchell determined there was enough evidence for McIvor to stand trial.
He will be appear in Red Deer’s Court of Queen’s Bench on May 2 to set a trial date. He will be tried by judge and jury.
Also charged in the death of Prevey is Christopher Fleig, 26. He is charged with one count of first degree murder, one count of conspiracy to commit murder and one count of theft under $5,000.
He is set to have a preliminary hearing which will begin on May 30.
Prevey was shot and killed in what police say was a gang-styled execution while sitting in his vehicle during the early morning hours of April 5, 2009.
In September 2009, Red Deer City RCMP disclosed that Prevey, known by associates as ‘Commando’, left the downtown core of Red Deer at about 2:45 a.m. with a 28-year-old female.
Police said Prevey was driving his 1998 silver Jeep Grand Cherokee. He drove southbound on Gaetz Ave. and then eastbound on 19 St., heading into the Inglewood subdivision, to attend a house party located on Ibbotson Cl.
Prevey parked his Jeep on the west side of the roadway. Police said Prevey and the female were sitting in the Jeep when a 2006 black Pontiac Pursuit pulled up alongside.
Two males were noted in the driver and passenger seats of the Pursuit, said RCMP at the time of their investigation.
Shortly thereafter, shots were fired from the Pursuit at the driver’s side door of Prevey’s Jeep.
RCMP said numerous shots were fired, striking Prevey several times. The female ducked down and managed to escape injury.
The Pursuit then fled southbound on Ibbotson Cl. at a high rate of speed.
Appearing not to locate the exit of the Close, the Pursuit then continued back past Prevey’s vehicle, turning right onto Imbeau Cl., said RCMP.
The Pursuit eventually pulled out of this Close, followed closely by a 2005 Dodge Ram 1500 pick-up truck, believed to be associated with the Pursuit.
Both vehicles then fled northbound down Ibbotson Cl. at a high rate of speed. The female passenger then exited Prevey’s vehicle and ran to him, as numerous neighbours exited their residences after hearing gun shots.
Prevey died while sitting in the vehicle. Police believe the incident was gang-related.