Man sentenced 9 years in connection to decade-old murder

Article originally appeared in: Calgary Sun

By Bill Kaufmann

The fatal shooting of a man thought to be working for a rival drug dealer garnered a Calgary man a nine-year sentence Monday.

David Charles Daviau was already serving a manslaughter sentence for the December 2006 slaying of Kelly Clarke Gaudek when he was given the latest stint in prison by Court of Queen's Bench Justice Kristine Eidsvik for gunning down Wayman Scott and dumping his body in a field east of Calgary.

In an agreed statement of facts, court heard Daviau and accomplices Kyle Andree and Chris Roberto lured Scott to a southwest apartment Nov. 26, 2006 after hearing he'd betrayed them by selling cocaine for a competing drug dealer.

"(Scott) was attacked by the three men and a firearm was pointed at him," said Crown Prosecutor Brian Holtby.

"One of the three men shot him once in the chest and he died almost immediately."

The trio then wrapped Scott's body in a sheet and drove to an area near Conrich where they disposed of his body, which was found the following month.

Daviau, 30, was originally charged with first degree murder but that was reduced to manslaughter, to which he pleaded guilty, while also admitting to two firearms offences and causing an indignity to a body.

While the Crown couldn't prove Daviau pulled the trigger, "he was part of a joint attack on Wayman Scott that led to Mr. Scott's death and he also introduced a firearm into the equation," said Holtby.

For the total nine-year sentence for all four offences, Daviau was given three years and three months' credit for time served.

Holtby said Roberto's agreement to turn Crown's evidence was instrumental in cracking the decade-old case.

Andree still faces a manslaughter charge in the case and was also doing time for the killing of Gaudek, whose body was found at 8th Ave. and 4th St. S.E. with fatal stab wounds.

Drug dealers Andree and Daviau's six-month crime spree in 2006 also included setting two fires and severely beating another drug dealer, which was caught on video.

Daviau was also involved in an incident related to the August 2006 stabbbing death of Eric Regimbald but was never charged.

In handing down the sentence, Justice Eidsvik noted Daviau's lengthy rap sheet.

"You're still a young man with an extensive criminal record that will stay with you," she said.

"I hope you can move forward."