Former Halifax Alehouse bouncer granted bail as he appeals manslaughter conviction

A former Halifax bouncer handed four years in prison last month for the 2022 death of a patron he placed in a chokehold outside a downtown bar has been granted bail as he appeals both his convictions and the sentence.

Alexander Pishori Levy, 40, breathed deeply and appeared to hold back tears as Nova Scotia Appeal Court Justice David Farrar agreed to release him to live with his mother, who has pledged $10,000 as his surety. He will be bound by a nightly curfew.

Defence lawyer James Giacomantonio has argued in court documents that Justice James Chipman made a “legion” of errors in convicting Levy last fall, and on Thursday he zeroed in on the judge’s conclusion the chokehold placed on Ryan Sawyer lasted for nearly two minutes.

“A two-minute hold is not available on this evidence,” he said. “It’s not a small misapprehension of the evidence. It is a critical error upon which all of the rest of the logic of his decision falls, and fails.” 

Levy was convicted of both manslaughter and criminal negligence causing death following his trial, although the criminal negligence charge was stayed due to a rule that prohibits multiple convictions for a single criminal act.

Sawyer died of cardiac arrest after the incident outside the Halifax Alehouse bar in the early hours of Dec. 24, 2022. Videos from surveillance equipment and bystanders showed portions of what happened and featured significantly at trial.

Sawyer and his twin brother, Kyle Sawyer, had been escorted from the bar moments earlier. A struggle between them and bouncers began after Kyle Sawyer shoved Levy, who was the head of security at the Alehouse and was standing at the door.

Levy was sentenced two weeks ago. At moments Thursday, he appeared emotional, including when his mother testified as part of the bail application process and told the court she has multiple health issues and has fallen three times since his incarceration.

In brief remarks following arguments by Crown and defence lawyers, Farrar said he was not deciding the likelihood the appeal will succeed. But he said the grounds are “not so weak” that Levy should remain incarcerated before his appeal is heard.

He said the release plan is “sufficiently stringent” that Levy will comply with it. Conditions are similar to those he was under before he was sentenced, including having no contact with Crown witnesses or working in security or bar jobs.

The full appeal will be heard in October.

The defence has said in court documents that Chipman made multiple legal errors in convicting Levy, misunderstood or didn’t consider evidence related to self-defence, and that Sawyer’s death was not foreseeable.

Giacomantonio argued Thursday that while the court heard expert evidence that a chokehold restricting the carotid artery in the neck would render a person unconscious in 10 to 15 seconds, it’s clear from the videos that Sawyer continued to move until near the end of the incident.

Given those movements, which showed Sawyer was conscious, it’s impossible that Levy was compressing his neck for two minutes, the lawyer said.

“We think we certainly have a strong appeal to mount,” Giacomantonio said outside the courtroom.

Levy testified at trial that Sawyer was a threat and that he squeezed the chokehold for between 10 and 15 seconds before relaxing it. But Chipman rejected his testimony, concluding it was “incredibly contrived and self-serving.” 

Prosecutor Cory Roberts argued the appeal was too weak to warrant Levy’s release. He pointed in particular to the “damning evidence” of a Halifax police officer who arrived on scene and testified he saw Levy pulling back on Sawyer’s neck with all his strength.

“Why is he choking the limp, dead, unconscious man,” Roberts said.

He said discussion about whether Sawyer was moving is a “bit of a rabbit hole.” Experts testified at trial it appears Levy used a mix of chokeholds, he said, and there was no evidence one way or another if they were applied correctly.

Sawyer’s legs may have been moving, but he wasn’t fighting and was in distress, Roberts said. He noted the prosecutor at trial said the victim’s movements were akin to him “taping out.”

He said Chipman made “strong, factual findings” that were based not just on the videos played in court but on other evidence.

“Everyone has the right to at least ask for bail pending appeal,” Roberts said outside the courtroom. “It’s an important part of our justice system.”

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