Winnipeg Free Press - PRINT EDITION

One of pair who killed coke dealer files appeal

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One of two men convicted in the killing of Chad Davis has started what's expected to become a lengthy legal fight to get a new trial.

Kristopher Brincheski, 31, is appealing his conviction for first-degree murder and sentence of life in prison without a chance of parole for 25 years.

Brincheski and co-accused Corey Tymchyshyn, 37, were found guilty Feb. 28 following a long trial in which the Crown persuaded the jury the two men acted in concert to murder Davis, a city cocaine dealer, inside a garage at 703 Prince Rupert Ave. on Feb. 6, 2008.

Each accused testified and blamed Davis's killing on the other, but admitted helping put his body in a plastic barrel and dumping it in the Lee River near Lac du Bonnet.

Davis was reported missing shortly afterward and wasn't found until a cottager fished the barrel out of the water and opened it on July 23, 2008.

In a brief, handwritten appeal filed Friday, Brincheski alleges Justice Brenda Keyser's instructions to jurors during the trial were "unfair" and the five men and five women who decided the case didn't get all the information they needed for a just decision.

"All evidence (was) not presented to the court," Brincheski wrote.

He's applied for Manitoba Legal Aid to assist with his appeal, the documents state.

Brincheski testified he was with his girlfriend at the time Tymchyshyn killed Davis, but Tymchyshyn asked him to help cover up the crime.

RCMP searched Brincheski's home in September 2008 and found thousands of dollars worth of Davis's property.

Tymchyshyn has yet to file an appeal, although one is anticipated.

He testified Brincheski owed Davis $10,000 for a cocaine debt and killed him in apparent self-defence when Davis attacked him in the garage for not paying up.

james.turner@freepress.mb.ca

Republished from the Winnipeg Free Press print edition March 22, 2014 B3

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