Family reacts to guilty verdict in restaurant owner’s death

A judge handed down a guilty verdict to the man accused of killing a Winnipeg restaurant owner. CTV’s Joseph Bernacki has more.

The man charged in the January 2024 killing of a Winnipeg restaurant owner has been found guilty.

Curtis Ross Dalebozik appeared in court Thursday, where Court of King’s Bench Justice Sadie Bond found him guilty of manslaughter and uttering threats in connection to the death of 51-year-old Kyriakos Vogiatzakis

There was an outpouring of emotion and an audible sigh of relief from Vogiatzakis’ family as Justice Bond’s decision was read to a nearly full courtroom.

“Today the courts finally stood up for a family, finally made a decision that was right in my mind, in my heart,” the victim’s older brother Michael Vogiatzakis told journalists after the decision was read.

“This court decision doesn’t bring Kyriakos back, but it brings us a little bit of closure and a little bit of faith in the system that I think is broken.”

Court heard Dalebozik is expected to be sentenced in April.

Surveillance video ‘primary piece of evidence’ in judge’s decision

In her written decision, Justice Bond wrote the surveillance video obtained from the restaurant showing the four-and-a-half-minute altercation between the two men was the primary piece of evidence in the case.

Court heard the video showed a physical altercation unfold between Kyriakos Vogiatzakis and Dalebozik outside the Cork and Flame Restaurant in the early evening of Jan. 24, 2024.

Dalebozik lived next door to the Portage Avenue restaurant that Vogiatzakis owned, the judge said.

Recounting the footage, Justice Bond said Dalebozik was seen walking in the parking lot of the restaurant wearing a hooded jacket when Vogiatzakis drives up to the lot in his vehicle.

“The two men are facing each other,” Bond said.

“Mr. Vogiatzakis gestures, pointing towards Portage Avenue and then pointing his index finger at Mr. Dalebozik. At one point, both men appear to have their right fists clenched, as they face each other,” Justice Bond’s decision reads.

Court heard Dalebozik walks away towards Portage Avenue after 15 seconds and Vogiatzakis appears to go towards the entrance of the restaurant.

Dalebozik quickly turns around, Justice Bond recounted, and the two men approach each other.

“Mr. Vogiatzakis has his hands raised,” the judge said.

“Mr. Dalebozik raises his right hand but backs away. Mr. Vogiatzakis advances towards Mr. Dalebozik and pushes him.”

Over the next few minutes of the video, Justice Bond said both men appeared to be pushing and pulling each other, and punches were thrown by both.

Vogiatzakis is seen in the video eventually falling to the ground after Dalebozik pushed him onto the front of his body, the judge recounted.

“Mr. Dalebozik remains on his knees beside Mr. Vogiatzakis,” Justice Bond said.

“He begins to strike Mr. Vogiatzakis with his right knee, in the left side of his torso. The blows appear forceful, striking Mr. Vogiatzakis’ torso eight times.”

Justice Bond said by the end of the security camera video, it was clear to distinguish when Vogiatzakis was no longer able to fight back as he lay on the ground.

“He (Dalebozik) then delivers three kicks to Mr. Vogiatzakis’ head,” she said.

“He steps away a few feet and then returns, kicking Mr. Vogiatzakis twice on the left side of his torso.”

Seconds later, court heard Shanise Powell, an employee of the restaurant who previously testified, came outside to check on Vogiatzakis.

In Powell’s testimony, she told Court that Dalebozik said ‘he pulled my f******* hair, so I laid him down.’

After asking what he did, Powell alleged Dalebozik’s threatened her, as well, remarks that the court heard triggered a charge of uttering threats.

“Shut the f*** up, I know where you work, I’ll lay you down too,” Justice Bond said, taken from Powell’s testimony.

During the incident, the judge noted Vogiatzakis suffered cardiac arrest and died, despite multiple resuscitation efforts.

The Crown alleged during the trial that Dalebozik committed the unlawful act of assault and thereby caused the death of Vogiatzakis.

The defence previously argued that the Crown failed to prove the charges beyond a reasonable doubt.

Steven Brennan, Dalebozik’s defence counsel, argued even if his client’s actions may have contributed to Vogiatzakis’ death, Dalebozik acted in self-defence and therefore would not be guilty of manslaughter.

Dalebozik’s original plea was not guilty.

Accused did not act in self-defence: judge

Justice Bond ultimately told the court it was not Dalebozik who initiated the physical altercation; rather, it was Vogiatzakis who grabbed him, held him and the exchange of blows followed.

“After the two men fell to the ground, it was not unreasonable for Mr. Dalebozik to apprehend that Mr. Vogiatzakis would continue to apply physical force if he were to regain his feet,” Justice Bond said.

“However, the threat of force diminished as Mr. Dalebozik held Mr. Vogiatzakis down and continued to assault him. Mr. Dalebozik’s application of force became disproportionate to the diminished threat posed by Mr. Vogiatzakis and therefore was not reasonable.”

In terms of being found guilty of manslaughter, the justice said Dalebozik’s assaultive acts were not reasonable based on the circumstances and the act was unlawful, the decision read.

“As a result, I am satisfied beyond a reasonable doubt that Mr. Dalebozik did not act in self-defence when he repeatedly struck Mr. Vogiatzakis with his knee, compressed his chest, and kicked him,” Bond said.

Dalebozik’s defence counsel declined to comment on the decision, noting the matter is still before the courts.

Michael Vogiatzakis said despite the verdict, it’s been a struggle over the past two years awaiting Thursday’s decision.

“Two years has been a two-year struggle, two years of grief that continues every single day,” he said.

“My poor mom, who’s 80, has to live with this every day of the week knowing that her son is dead.”