THUNDER BAY – Brayden Bushby will stand trial for second-degree murder in connection to the death of Barbara Kentner.
Justice Frank Valente handed down his ruling in a Thunder Bay Courtroom on Monday.
“There is sufficient evidence in this sad, sad case to put Mr. Bushby to trial on second-degree murder,” Valente said.
Valente added that Crown prosecutor, Andrew Sadler, and defence attorney, George Joseph both presented direct and circumstantial evidence during the preliminary hearing.
But Valente said that it is not his role as presiding judge in the preliminary hearing to determine if a reasonable jury would reach a guilty verdict based on the evidence, but rather if they could reach that conclusion.
The decision was originally scheduled to be delivered last Wednesday but Valente said he needed more time to consider what he called difficult matters to deal with and wanted to do the case justice.
Bushby, 20, was charged with second-degree murder for allegedly throwing a metal trailer hitch from a vehicle that struck Kentner in the abdomen on the night of Jan. 28, 2017 in the Cameron Street area. Kentner later died in hospital on July 4, 2017. She was 34-years-old.
Bushby was first charged with aggravated assault, however, following Kentner’s death and a review by Sadler and the Thunder Bay Police Service with the help of the Regional Coroners Office, the charge was upgraded to second-degree murder last November.
A publication ban is in place on all evidence presented.
Bushby has been out on bail since November 2017.
