Hans Jimenez Varela, a 30-year-old Calgary resident, faces potential deportation to Colombia following his guilty plea to manslaughter in the Jan. 28, 2024, killing of 28-year-old Jose Miguel Gutierrez Polanco, according to court proceedings held on Friday.
Sentencing Arguments and Legal Positions on Sept. 10 Decision
During Friday’s sentencing hearing before Court of King’s Bench Justice Christopher Simard, Crown prosecutor Terrence Mazerolle proposed an eight-year prison sentence. Mazerolle emphasized the severity of the attack, stating in his arguments that the violence was repeated 12 times rather than stemming from a single blow or careless movement, according to court records.
Defence lawyer Jason Wuttunee asked the judge to consider two alternative options for his client. Wuttunee requested either a conditional sentence order—which would allow Jimenez Varela to appeal deportation and remain in Canada with his family—or a time-served sentence as a worst-case scenario. Jimenez Varela has remained in custody since his March 2024 arrest without applying for bail. Wuttunee argued that public policy reasons support allowing his client to remain in Canada for rehabilitation, noting Jimenez Varela acted out of self-defence after being provoked, according to court statements.
Justice Simard is expected to deliver his sentencing decision on Sept. 10.
Details of the Fatal Encounter and Discovered Evidence
According to an agreed statement of facts read aloud in court, Jimenez Varela and Gutierrez Polanco met through work at a local construction company approximately a year prior to the incident. On the evening of Jan. 27, Gutierrez Polanco invited Jimenez Varela to his apartment for drinks, where both men became severely intoxicated. The agreed statement notes that Gutierrez Polanco started a fight, demanding respect regarding his age and background, which turned the verbal confrontation physical.
During the altercation, Gutierrez Polanco shoved Jimenez Varela, causing him to hit his head on the wall. Jimenez Varela attempted to stop the fight and leave, but Gutierrez Polanco punched him in the head. Jimenez Varela then grabbed a nearby pair of scissors and stabbed Gutierrez Polanco 12 times: five times in the neck, six times in the torso, and once in the arm. According to the agreed statement of facts, three of those wounds could have been fatal.
Closed-circuit television footage captured Jimenez Varela leaving the apartment at around 5:30 a.m. on Jan. 28, after which he resumed life as normal. Gutierrez Polanco’s body was discovered 17 days later by his property manager in a state of advanced decomposition.
Did You Know? Hans Jimenez Varela’s family immigrated to Canada as refugees due to threats they received in Colombia, leaving him to be raised by extended family for six years before joining his parents. He currently holds permanent residence status and is the only member of his family without Canadian citizenship.
Impact Statements and Family Background
Court proceedings detailed Jimenez Varela’s immigration history and his family’s flight from Colombia. Through an interpreter, Jimenez Varela addressed the court to apologize for the damage caused to both families, stating that Gutierrez Polanco was a good friend and expressing his own sense of loss.
Gutierrez Polanco’s younger sister, who is less than a year apart in age from the victim, submitted a victim impact statement that was read aloud at the hearing. She described bringing her brother’s ashes back to Mexico as the most difficult thing she has ever done, writing that she constantly expects him to call or text despite knowing he is gone.
Frequently Asked Questions
What charges did Hans Jimenez Varela initially face?
Jimenez Varela was initially charged with second-degree murder, but pleaded guilty to manslaughter in April just as his jury trial was about to begin.
Where did the two men meet prior to the incident?
The men met through work at a local construction company roughly a year before Gutierrez Polanco was killed.
When is Justice Christopher Simard expected to issue a ruling?
Justice Simard is scheduled to deliver his sentencing decision on Sept. 10.
How do you view the balance between immigration status and criminal sentencing in Canadian courts?
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