REGINA — A Regina man convicted of second-degree murder in the death of 19-year-old Misha Pavelick is appealing his conviction, arguing the trial judge’s instructions to the jury were unfair and imbalanced.
The accused, identified only as K.D. because he was 17 at the time of the offence and is protected under the Youth Criminal Justice Act, was sentenced on June 16 in Regina Court of King’s Bench to the maximum youth sentence of seven years. A jury found him guilty Nov. 14, 2025.
On July 6, K.D.’s defence lawyer, Andrew L. Hitchcock of Pfefferle Law Office, filed a notice of appeal with the Saskatchewan Court of Appeal. The appeal challenges the conviction but doesn’t contest the length of the youth sentence. If successful and a new trial is ordered, K.D. is seeking a trial by judge alone.
The appeal lists several alleged errors by the trial judge in her charge to the jury and evidentiary rulings. It claims the judge failed to present the evidence and positions of the parties in a fair and balanced manner, particularly by reviewing the elements of the offence in a way that unduly favoured the Crown.
The appeal further alleges errors in instructions about the use of evidence, including misapplication of the rule in Browne v. Dunn, an instruction that certain evidence was capable of confirming other evidence, and comments on defence counsel’s closing address that were allegedly prejudicial.
Additionally, it raises issues with the preparation and delivery of the jury charge, including insufficient time for counsel to review the proposed charge and an inadequate or erroneous instruction to the jury on circumstantial evidence.
The 2006 killing
According to court documents, Pavelick was stabbed once in the heart during a fight at an outdoor graduation party for Miller High School students at Kinookimaw Campground near Regina Beach on May 21, 2006. He died shortly afterward.
Court documents describe a large gathering and alcohol consumption. K.D. and others from Regina, who weren’t originally invited, attended the party. There were tensions between Pavelick and A.P., another member of K.D.’s group, over a girl they had both dated. During an altercation, Pavelick struck A.P. over the head with a beer bottle, and a larger fight broke out involving multiple people. During the brawl, another person was stabbed multiple times by someone in K.D.’s group.
According to evidence at trial, K.D. obtained a knife, and during a brief confrontation with Pavelick that lasted under a minute, stabbed Pavelick. K.D.’s group then fled the scene.
K.D. drove his vehicle and passengers to Regina Beach, where they stopped and talked to people, including someone K.D. knew who had not been at Kinookimaw Campground. During that encounter, K.D. or someone in K.D.’s presence said they had stabbed someone.
Sentencing
Since K.D. was a youth at the time of the offence, his sentencing fell under the YCJA. He was sentenced to seven years, with the first four years to be served in custody and the remaining three under community supervision.
He wasn’t credited any pre-trial time served.
K.D. was also ordered to provide his DNA and banned from owning weapons for 10 years after he is released.
Victim impact
At the June sentencing hearing, court heard victim impact statements from Pavelick’s family members, who described profound, long-lasting grief nearly 20 years after the murder.
The Court of King’s Bench sentencing judge acknowledged the family’s loss.
“There really are no words in the English language to describe the pain, and absolute despair that the victims felt that day and still feel every day of their lives since the loss of their beloved Misha,” said the judge. “It is clear that they carry this with them every single day. The fact that Misha is gone is devastating to them and their entire family. It is not just for the loss at the time of his death, but the loss of Misha’s experience in growing up and living his life to adulthood along with the members of his family.”
A date for the appeal at the Saskatchewan Court of Appeal will be set.
— With files from John Cairns
