THUNDER BAY — The man who punched Andrew Ayre in the head, later resulting in the 52-year-old man's death, could spend the next seven years in prison, while the second accused who stole Ayre’s bike leading up to the altercation could return to custody or serve his sentence in the community.
A sentencing hearing was held for David Gregorovich, 36, and Jason Raven, 27, before Justice Bruce Fitzpatrick in a Thunder Bay Courtroom on Friday.
In November 2022, Gregorovich pleaded guilty to one count of manslaughter and Raven pleaded guilty to one count of robbery.
According to an agreed statement of facts read into the court record at the time of the plea, Ayre chained up his new mountain bike to a parking metre outside a Victoria Avenue bar the afternoon of April 25, 2019.
Raven stole the bike and was riding it around the area before being confronted by Ayre. An altercation took place with Raven punching Ayre several times in the head.
Gregorovich, who was across the street at the time of the altercation, crossed to the other side when Raven rode away on the bike. Ayre was steading himself against a building and accused Gregorovich of stealing his bike and kicked him in the leg.
A second altercation then ensued, with Gregorovich punching Ayre in the head at least once, sending him falling to the sidewalk.
The altercations between Ayre, Raven and Gregorovich were captured by several video surveillance cameras in the area.
Ayre left the area and was later found on the corner of Victoria Avenue and North Street by paramedics after receiving reports of a man in distress.
Emergency surgery was performed at the Thunder Bay Regional Health Sciences Centre, but Ayre died from his injuries four days later on April 29, 2019.
A post-mortem examination revealed Ayre died as a result of the cerebral subdermal hematoma caused by blunt force trauma.
Gregorovich and Raven were initially charged with second-degree murder and robbery. A trial was scheduled to start in November 2022 but the two accused entered guilty pleas to lesser charges instead.
Crown attorney Gordon Fillmore is seeking a custodial sentence in the range of five to seven years for Gregorovich, noting Ayre was a vulnerable victim who was simply attempting to retrieve his stolen property.
“Mr. Gregorovich could have at any point just walked away, and of course he didn’t,” Fillmore said.
The Crown is also seeking a custodial sentence for Raven ranging between three to five years, arguing the higher range is more appropriate to adhere to the sentencing principles of denunciation and deterrence.
“Mr. Raven commits a serious assault, an assault on a vulnerable individual,” Fillmore said, adding that Ayre’s new bike was important to him and was his primary means of transportation.
“So it’s understandable Mr. Ayre attempted to get his property back. And for that he gets beaten badly by Mr. Raven and beaten to death by Mr. Gregorovich.”
Gregorovich’s defense counsel, Jeremy Naresh, argued a four-year custodial sentence is more appropriate, noting the triable issues in this case that were avoided through pleas of guilt.
“Mr. Gregorovich is pleading guilty to manslaughter. He is admitting his unlawful act in part or in whole, contributed to the victims’ death,” Naresh said.
“There is an issue as to self defense that could have been raised at trial. This was an isolated incident where self-defense could have been an issue at trial. But Mr. Gregorovich accepted, rightfully so, that his unlawful act of assault Mr. Ayre contributed to his death or caused his death.”
Kevin Matthews, defense counsel for Raven, put forth two options to consider on sentence. The first was a three-year sentence, less time served, to be served in a provincial facility. The second was a conditional sentence order to be followed by a period of probation.
“[Raven] has legitimate remorse for what occurred,” Matthews said. “He can’t take back what he did to Mr. Ayre. He didn’t realize Mr. Ayre was confronting him. He reacted. But he acknowledges he went above and beyond what an appropriate reaction was and he regrets his actions.”
Matthews added that when taking into account Gladue factors and admissions of responsibility, jail is not the only option for a just and appropriate sentence for Raven, and a conditional sentence to be served in the community is fit.
“This would not be an insignificant sentence,” he said. “If you impose a conditional sentence and probation, we are talking about years of supervision.”
Both Naresh and Matthews also argued their clients should be granted additional enhanced pre-sentence custody due to the harsh conditions inside the Thunder Bay District Jail and strict release conditions while on bail.
Gregorovich currently has 497 days of enhanced pre-sentence custody while Raven is credited with 666.
On Friday, Raven also pleaded guilty failing to comply with his release order by not reporting to the Thunder Bay Police Service at the designated times.
Fitzpatrick will return on July 6 with a decision on sentence.
