THUNDER BAY — The sentencing judge struggled to describe the senselessness of a violent act involving a stolen bike that resulted in the beating death of 52-year-old Andrew Ayre, but he said the actions of two men at the centre of the incident requires a custodial sentence.
David Gregorovich, 35, and Jason Raven, 26, appeared before Justice Bruce Fitzpatrick for sentencing in a Thunder Bay courtroom on Thursday.
“Ultimately, Andy ended up dead over a fight or fights about a bike,” Fitzpatrick said. “I cannot adequately express the senselessness of how the events of that day unfolded. This crime has had a significant impact on Andy’s immediate and extended family.”
In November 2022, Gregorovich pleaded guilty to manslaughter and Raven pleaded guilty robbery. Both accused were initially charged with second-degree murder and robbery.
The charges relate to an incident on the afternoon of April 25, 2019, outside a southside bar.
Ayre was in the Victoria Avenue and Brodie Street area with his new bike that he chained to a post outside the bar. He was very proud of the new bike and it was his primary means of transportation.
Raven, who was in the area, saw the bike and stole it by pulling the seat off to release the chain.
After exiting the bar, Ayre saw the bike was missing and began searching for it. Raven was still in the area and was confronted by Ayre. An altercation took place with Raven punching and stomping Ayre’s head.
Gregovorvich was also in the area at the time and witnessed the altercation. After getting back to his feet, Ayre accused Gregorovich of stealing the bike and a second altercation took place, with Gregorovich punching Ayre in the head and sending him down to the sidewalk.
The entire incident was captured by video surveillance in the area. It also showed Ayre eventually standing back up, steadying himself against a building, and then leaving the area. He was located a short time later in the area of North Street and appeared to be in distress.
Paramedics were called and Ayre lost consciousness while on the way to the hospital. Doctors determined Ayre was suffering from a cerebral subdermal hematoma and emergency surgery was performed.
Ayre’s condition did not improve and he was taken off life support on April 29, 2019.
“It was a vicious attack,” Fitzpatrick said. “Mr. Gregorovich said when addressing the court that he should have walked away that day. I agree. But he didn’t.”
During a sentencing hearing held earlier this year, Crown attorney Gordon Fillmore called for a custodial sentence in the range of five to seven years for Gregorovich and between three to five years for Raven.
Gregorovich’s defense counsel, Jeremy Naresh, sought a four-year sentence, while Kevin Matthews on behalf of Raven argued two options on sentence for Raven, the first being three years in a provincial facility and the second being a conditional sentence to be followed by probation.
Fitzpatrick said the offences to which the two accused pleaded guilty are different but both bear responsibility for what happened that day.
“Andy ended up dead arising from the actions of both offenders, but I see their degree of culpability being different,” Fitzpatrick said.
While the pleas of guilt were considered mitigating factors, Fitzpatrick also pointed out that the impact on Ayre’s family is a significant aggravating factor.
“Andy’s children have been particularly affected. This family has experienced a profound sense of shock and disbelief about his death,” he said.
“There was also a significant amount of anger. This is perfectly understandable. There were also voices of forgiveness. It seems to me the family is having a very difficult time understanding why this happened.”
Grevorovich’s actions in particular were also cited by Fitzpatrick as being a significant aggravating factor.
“I think [Gregorovich] was preparing to fight Andy and when he did, he acted in a particularly vicious way,” Fitzpatrick said. “Andy was down on the pavement when he was struck repeatedly in the face by Mr. Gregorovich.”
Ultimately, Fitzpatrick sentenced Gregorovich to six years in custody minus time served. With pre-sentence custody credited at 456 enhanced days, Gregorovich will serve a remaining 1,736 days or four years and nine months in custody.
Gregorovich is also required to submit a DNA order and is subject to a weapons prohibition for life.
With respect to Raven, Fitzpatrick cited the Gladue and pre-sentence report prepared that detailed poverty, addiction, and violence experienced by Raven growing up as mitigating factors taken into consideration.
“It does not excuse Mr. Raven’s behaviour, but it does explain it to a degree,” Fitzpatrick said.
But Fitzpatrick added that he did not agree with submissions from counsel calling for a conditional sentence.
“Mr. Raven did what he did,” he said. “It deserves denunciation. He did things in the course of robbery that deserves a penitentiary sentence.”
Fitzpatrick sentenced Raven to three years in custody, plus 60 days to be served concurrently on a breach of probation charge.
With pre-sentence custody credited at 666 days, Raven still has 429 days left to serve. He is also required to submit a DNA order and is subject to a lifetime weapons prohibition with an exception for sustenance hunting as per his treaty rights.
