A Crown prosecutor will go before a judge later this month to make further submissions on why a Red Deer man who brutally stabbed another to death on Christmas Day 2015 should be declared a dangerous offender.
Crown prosecutors are seeking to have Chad Alexander Kulba declared a dangerous offender because of his lengthy record of violent crimes, including the Christmas Day murder in which he stabbed his victim more than 30 times in a downtown Red Deer apartment building in an alcohol- and drug-fuelled attack.
In November 2017, Kulba pleaded guilty to manslaughter and was sentenced to seven years in prison.
While behind bars at the Red Deer Remand Centre, he got into a brawl with another inmate in April 2018, biting a chunk out of the man’s ear. He was convicted of aggravated assault, but sentencing awaits the dangerous offender decision.
Kulba’s criminal record also includes convictions in 2011 for forcible confinement and aggravated assault, a charge of assaulting a peace officer in 2009, as well as other assaults in 2006 and 2003.
He was also convicted of numerous other property and breach of court order offences.
Red Deer provincial court Judge Bruce Fraser was expected to render his decision last week on whether Kulba should be considered a dangerous or long-term offender, or neither.
However, sentencing was adjourned until May 19 to allow for further submissions from the Crown prosecutor and defence lawyer George Lebessis.
Lebessis told the judge in January that while Kulba has a lengthy record, he has not shown a pattern of violent and uncontrollable behaviour.
When someone is declared a dangerous offender, the judge can order an indeterminate prison sentence, a set prison sentence, or a sentence with a long-term supervision order.
The judge could also declare Kulba a long-term offender, which calls for a sentence of at least two years, plus up to 10 years of long-term supervision.
Should the judge choose neither option, Kulba will be sentenced as usual on the aggravated assault charge.
Lebessis has said previously, he intends to argue the aggravated assault conviction should be stayed, because the case took an unreasonable amount of time to prosecute and Kulba’s constitutional right to a speedy trial was violated.
The Supreme Court of Canada said in 2016, cases should take 18 months in provincial courts and 30 months in superior courts, with some exceptions.
Kulba remains in custody.