Second man convicted in deadly beating near Montreal's Orange Julep
A second man has been convicted of manslaughter in the death of a man near the iconic Gibeau Orange Julep restaurant in the Côte-des-Neiges—Notre-Dame-de-Grâce borough three years ago.
Quebec Court Judge Dennis Galiatsatos said he didn’t believe key parts of the testimony given by Nedjem Eddine Khirat, 25, of Pierrefonds, during his trial at the Montreal courthouse.
The judge also said Khirat entered into a dispute with Andrei Petuhov, a 50-year-old father of two, with the same intention as Ismail Karaoui, 27, in the parking lot of a fast-food restaurant.
Both men wanted to fight Petuhov, the judge said.
“On May 31, 2023, a dispute occurred in the parking lot of a Montreal fast food restaurant following a mundane driving disagreement. While his back was turned to his assailants, Andrei Petuhov was viciously blindsided by a cowardly sucker punch,” the judge said as he read from his decision. “As his limp body dropped to the floor, the assailants instantly pounced delivering other blows to Petuhov and his companions.”
Karaoui, a trained boxer and the man who delivered the sucker punch , pleaded guilty in October to manslaughter.
Khirat, who kicked the victim while he was down, opted for a trial before a judge alone and, on Wednesday, Galiatsatos found him guilty of manslaughter.
The judge said he did not believe Khirat’s claims that he was acting in self-defence.
“He paints himself as the peacemaker on the scene, though his efforts failed to calm everyone down or deescalate the conflict,” the judge said. “Alternatively, if said defence is dismissed, he argues that Karaoui acted alone in causing the victim’s death with the initial attack.”
The judge noted that Khirat’s testimony was contradicted by footage recorded by a camera installed in a Tesla parked near the assault.
“If a picture is worth a thousand words, The impact of this video footage is exponentially greater. The level of violence depicted therein is extreme.
“Mr. Khirat’s version (of what happened) is rooted in an alternate reality that can only exist if we check our common sense at the door and ignore the independent, objective video evidence.”
Later on in his 63-page decision, Galiatsatos wrote that Khirat’s claims that he was acting on “panic and adrenaline” do not match what is seen in the video.
“That does not pass muster,” the judge said. “Despite the accused’s stubborn denial, the video is clear; he was strutting after assaulting Petuhov and (one of the victim’s friends). He swaggered like a ‘tough guy,’ proud of his accomplishment, proud of having avenged his honour. This was obviously not the behaviour of someone who was afraid.”
On the day in question, Petuhov and two of his colleagues had just finished work in the area and headed to a fast food restaurant, close to the Orange Julep on Décarie Blvd. for a bite to eat. Petuhov was driving a Dodge Caravan and was entering the parking lot of the McDonald’s when he was cut off by an Audi that Karaoui and Khirat were in.
During Khirat’s trial, he said he and his friends where heading to the iconic Orange Julep, a restaurant inside a large orange-shaped globe, to meet “girls.”
Galiatsatos said, based on the evidence presented at trial, it appeared Petuhov insulted Khirat in front of the girls.
“Petuhov wounded Khirat’s pride and honour. He humiliated him in front of the girls, called him ill-mannered, and dared to confront him,” the judge said. “The accused clumsily attempted to deny this fact in his testimony.”
Karaoui was sentenced April 24 to a five-year prison term for his role in the beating. When the time he had served behind bars while awaiting the outcome of his case is factored in, he has a 23-month prison term left to serve.
Khirat’s case will enter the sentencing stage in July.