Roger VanEvery now free after admitting accessory to murder

Roger VanEvery, the self-confessed drug-dealing son of murdered couple Larry Reynolds and Lynn VanEvery, was released from jail last week after more than four years of waiting to deal with murder charges.

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“Mr. VanEvery is looking forward to starting his life over again,” said defense lawyer Lon Rose, after a new indictment was read into the record.

“He has a lot of relationship-rebuilding to look forward to.”

VanEvery had been facing one count of first-degree murder and two counts of attempted murder in connection with a deadly shooting at the Galaxy Motel on Feb. 8, 2020, just seven months after his own parents were killed by a masked gunman at their Park Road South home.

But those charges were withdrawn in Brantford’s Superior Court last week after VanEvery pleaded guilty to being an accessory after the fact to murder.

During the 2023 sentencing of VanEvery’s cohort, Shajjad Idrish, court heard an agreed statement of facts saying VanEvery and his friend, Idrish, went to the motel to confront those who participated in a home invasion that VanEvery had set up.

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Once they confronted the three men, a judge was told that both Idrish and VanEvery pulled out handguns but that VanEvery’s gun was thought to have misfired.

Idrish shot at all three men, leaving 42-year-old Jason Kossatz dead, Peter McKendrick, 26, severely injured and Jordan McNeil, 25, injured.

During VanEvery’s recent sentencing, the facts agreed to included a statement that VanEvery “heard gun shots and observed Sajjad (Idrish) had shot” the men. There was no mention of whether he also had a gun.

The two friends ran to a car VanEvery had “hired” and VanEvery directed it to a “burn barrel” on Six Nations where both men burned their clothing.

VanEvery arranged new sets of clothing for himself and Idrish before the two parted ways.

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Meanwhile, Kossatz was rushed to hospital but died of his head wound. McKendrick was left a quadriplegic and died a year later. McNeil recovered from his wounds and wasn’t a cooperative witness, according to the Crown.

After police searches for Idrish and VanEvery, the men were arrested in different spots over the next two weeks.

Idrish pleaded guilty last year to second-degree murder and attempted murder and would be eligible to apply for parole in 10 years, but he was also convicted last year of using the same gun to kill a stranger in a Hamilton rooming house a week earlier.

In that case, Idrish thought he was sending a message to a woman who had threatened him after he stole a gun from her at a Brantford bar. He and two other men went to the Harvey Street rooming house and shot through the door of the wrong unit, killing David Stevens, 46.

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In court, he pleaded guilty to second-degree murder.

With two life sentences, each with no chance of parole for 12 years, Idrish’s time served was counted toward both murders, meaning that unless the Parole Board of Canada opts to keep him in jail, he still could be out around 2033.

On Tuesday, Jason Kossatz’s mother was shocked to learn of the developments.

“What?” said Diane Tucker, saying she hadn’t been notified of either VanEvery’s plea deal or Idrish’s second murder conviction.

“I can’t believe he’s out,” Tucker said of VanEvery, who was once a close friend of her son.

“Nothing will bring Jason back but he was a good man: let that be known. He got in with the wrong crowd at the end.”

Tucker said she continued to work at giving both Idrish and VanEvery.

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“I believe Roger will face his sentence in front of God.”

A family member of VanEvery, who asked not to be identified, said several in the extended family were disappointed the court released the man with no conditions, no probation and no restrictions about being involved in drugs, weapons or contacting concerned family members.

In court, Rose said he became VanEvery’s defense attorney after his original lawyer couldn’t proceed.

“When I stepped in, there was substantial disclosure outstanding and some is still not resolved,” said Rose.

“Some of the police work seems to have fallen short of perfection in a number of ways and there have been numerous issues to deal with, culminating in this proposal.”

Now 40 years old, VanEvery will need to look for work and “take some responsibility” for his life, said the lawyer.

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Assistant Crown attorney Alex Burns asked that VanEvery be kept in custody just one further day to ensure a DNA sample could be taken.

“This matter had been proceeding as a homicide but I can assure the court the strengths and weaknesses of the evidence in this case have been thoroughly reviewed by the Crown attorney’s office and through a number of dealings with police,” said Burns.

He indicated that the reasonable prospect of conviction on the homicide charge was weighed against the problems of proof, and a resolution finally reached by both sides.

The charges of murder and attempted murder were all withdrawn and VanEvery was sentenced to time served – with none of the usual enhanced credit – totaling four years, five months and two days.

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