Calgary court hears sentencing arguments for man guilty of stabbing friend 12 times with scissors

A Calgary Court of King's Bench heard sentencing arguments Friday for Hans Jimenez Varela, 30, who pleaded guilty to manslaughter in the death of 28-year-old Jose Gutierrez Polanco on January 27, 2024.

The Crown is seeking an eight-year prison sentence. Prosecutors told the court the violence was sustained and brutal: an autopsy determined Gutierrez Polanco suffered 12 stab wounds, including five to the neck and six to the torso. Four wounds penetrated his lungs, while another pierced his liver and diaphragm.

According to an agreed statement of facts, the two men had known each other for about a year through their work at the same Calgary construction company. They spent the evening at Gutierrez Polanco's apartment in the 300 block of Grier Avenue N.E., drinking at a nearby liquor store before returning to continue. As the night progressed, Jimenez Varela became severely intoxicated.

An argument in the living room escalated into a physical fight. Jimenez Varela told investigators Gutierrez Polanco became aggressive, pushing and striking him before the accused pulled him to the floor. Jimenez Varela claimed he thought he was fighting someone else and everything happened very quickly.

Prosecutor Terry Mazerolle argued the nature of the violence reflects Jimenez Varela's moral culpability. "The act here is repeated stabbings into vulnerable parts of the human body," Mazerolle told the court. "The deceased was also on the floor when the scissors were used, and that matters."

The Crown also cited an aggravating factor: Jimenez Varela left the apartment around 5:30 a.m. without seeking medical assistance for Gutierrez Polanco, who died alone. The body was not discovered until February 14, 2024—more than two weeks later.

Jimenez Varela originally faced a second-degree murder charge but pleaded guilty to the reduced charge of manslaughter at the start of what had been scheduled as a two-week trial in April.