THUNDER BAY – The man accused of stabbing two youth, resulting in the death of 16-year-old Kody Furioso in June 2021, was located unconscious in the area shortly after the alleged altercation took place.
Several first responders were called to testify on day two of the trial for 33-year-old Dustin Moffatt on Tuesday.
Moffatt has pleaded not guilty to charges of second-degree murder and aggravated assault.
The charges relate to an incident that took place just after midnight on June 29, 2021 near the north end of the James Street Swing Bridge.
Surveillance footage from a nearby building showed two youth, one being Kody and the other his 17-year-old friend who testified on Monday, riding their bikes in the area. A fight then appears to break out between the two youth and another individual near the bridge.
Kody and the youth fled the area on their bikes but Kody collapsed under the James Street overpass. He was transported to hospital for treatment of a stab wound to the stomach, but he ultimately succumbed to his injuries a short time later.
The second youth suffered a stab wound to the chest that resulted in a collapsed lung. He was treated and released from hospital several days later.
On Tuesday, the Crown called two of the Thunder Bay Police Service officers who responded to the scene to testify. The first officer was the first to search the area near the James Street Swing Bridge where the youth said the altercation with a "skinny white guy" had taken place.
The officer searched the bridge but did not find anything. He then walked to the side of the bridge and found a man unresponsive on the ground.
The man’s breathing was severely laboured. Paramedics were called to the scene and the man was placed in the back of the ambulance.
The man was identified at the scene as Dustin Moffatt based on unique tattoos and a scar on his stomach.
Paramedics, who also testified on Tuesday, said Moffatt was exhibiting signs of an opioid overdose and he was given Naloxone.
One paramedic testified that after Moffatt regained consciousness inside the ambulance he kept asking for his cigarettes, which he said is not uncommon for someone coming out of an overdose. But the paramedic added that Moffatt also said: "they are trying to frame me."
"It struck me as odd because at this point, obviously, two individuals have been dealt trauma to them, so I am assuming a crime has occurred at some point. I don't know who is involved," the paramedic said.
Moffatt was transported to hospital and was placed under arrest on unrelated outstanding warrants. Upon further investigation, the second-degree murder charge was laid a short time later.
A forensic identification officer also testified on Tuesday, taking the court through several items found in the area, including a baseball hat, a camouflage face mask, a backpack, and a separate bag.
While a knife was found in the bag, no blood was detected on the knife, and Crown attorney Serge Hamel conceded that the murder weapon has not been found.
During cross-examination by defense counsel Alison Craig, the forensic identification officer confirmed that tinfoil was found in the backpack on the scene and it tested positive for fentanyl.
The court also viewed additional video footage of the area, which showed Moffatt at a gas station on Fort William First Nation earlier in the evening.
Moffatt was also seen in the Westfort area walking a bike in the direction of the James Street Swing Bridge with a backpack on his back. He was walking with another unidentified individual.
The two are seen walking toward the side the bridge, where it appears Moffatt leaves the bike near some trees.
Throughout the evening, movement is seen in the shadows near where Moffatt was later found. A person is also seen riding a bike away from the area just before midnight.
The original surveillance video footage of the altercation involving Kody and the other youth was also played in its entirety. Following the altercation and Kody and the youth fleeing the area, a person in dark clothing walks back toward the bridge. There is then a time skip of approximately 30 to 40 seconds in the video, and an individual on a bike suddenly appears on screen riding away.
The trial continues Wednesday and is scheduled for four days.
