THUNDER BAY — A stolen bike outside a southside bar led to an altercation and ultimately the death of 52-year-old Andrew Ayre in April 2019, and the two men involved have entered pleas of guilt to two separate charges.
David Gregorovich, 35, and Jason Raven, 26, appeared in a Thunder Bay courtroom before Justice Bruce Fitzpatrick on Monday, the day a two-week trial was scheduled to begin on charges of manslaughter and robbery.
Instead, Gregorovich pleaded guilty to one count of manslaughter and Raven pleaded guilty to one count of robbery.
Gregorovich and Raven were initially charged with second-degree murder and robbery following an altercation with Ayre on April 25, 2019. Ayre was found in distress by paramedics on the corner of Victoria Avenue and North Street and died four days later in hospital from his injuries on April 29, 2019.
According to an agreed statement of facts read into the court record on Monday, in April 2019 Ayre purchased a new mountain bike, which he was very proud of and served as his primary means of transportation.
On the afternoon of April 25, 2019, he rode his bike to a bar on Victoria Avenue and chained it up against a parking meter. Not wanting to scratch the paint, Ayre secured the chain around the seat post and handle bars.
At approximately 2 p.m., Raven, who was in the area, saw the bike and pulled the seat out to separate the bike from the chain before riding away on it.
The theft of the bike was recorded by three separate video surveillance cameras in the area. Gregorovich was also in the area of the bar and knew Raven had stolen the bike.
When Ayre exited the bar and noticed the bike was missing, he began searching the area. Raven remained in the vicinity of the bar, riding the bike and showing it to people, including Gregorovich.
Ayre saw Raven on the bike and confronted him. An altercation took place, with Ayre punching Raven, who then pushed Ayre to the ground in the entrance way of the bar. Raven then appeared to step on or over Ayre and proceeded to punch him several times in the head.
Gregorovich was across the street at the time of the altercation and crossed to the area. Raven then returned to the bike and rode away.
Ayre was able to stand and steadied himself against the building. Ayre accused Gregorovich of stealing the bike, which he denied. Ayre then kicked Gregorovich in the leg. A second altercation ensued, with Gregorovich punching Ayre in the head at least once, sending him to the sidewalk.
The altercation was captured on video surveillance and before leaving the view of the camera, Gregorovich stole several items from Ayre, including his bank card. Ayre remained on the sidewalk unconscious for several minutes.
After getting up again, Ayre entered the bar but was forced out by Gregorovich. Ayre remained in the area for several more minutes, steadying himself against the building and being comforted by a female. At approximately 3:30 p.m. he is recorded on video surveillance leaving the area.
Not long after, paramedics with Superior North EMS responded to a 911 call of a man in distress on the corner of Victoria Avenue and North Street.
Ayre was located by paramedics and was conscious but appeared confused. While being transported to the hospital, Ayre lost consciousness.
The emergency room physician determined Ayre was suffering from a cerebral subdermal hematoma and his chances of survival were low. Emergency surgery was performed but Ayre’s condition did not improve. On April 29, 2019, he was taken off life support and pronounced dead.
A post-mortem examination revealed the cause of death was the result of the cerebral subdermal hematoma caused by blunt force trauma.
It was determined the injury was caused by the blows inflicted by Gregorovich, either on their own, or exacerbated by injuries already inflicted by Raven.
A pre-sentence and Gladue report have been ordered for Gregorovich and Raven. The matter will return to court on Jan. 17, 2023 to set a date for a sentencing hearing. Both Gregorovich and Raven remain out of custody on bail.
