THUNDER BAY - After two days of testimony and video evidence submissions, the Crown has wrapped up its case against Dustin Moffatt, who is accused in the 2021 stabbing death of 16-year-old Kody Furioso.
Moffatt, 33, pleaded not guilty to the charges of second-degree murder and aggravated assault at the start of the trial on Monday before Justice Bruce Fitzpatrick.
The charges against Moffatt allege that he was involved in an altercation with Kody and a second 17-year-old youth just after midnight on June 29, 2021, near the James Street Swing Bridge.
During the altercation, Kody suffered a stab wound to the stomach and the other youth was stabbed in the chest. The two fled the area on their bikes, but Kody collapsed under the James Street overpass.
Kody died of his injuries shortly after arriving at the Thunder Bay Regional Health Sciences Centre. The other youth was treated for a collapsed lung and released several days later.
Evidence presented to the court on Tuesday revealed Moffatt was found unconscious by police in the grass next to the James Street Swing Bridge at approximately 12:40 a.m. Moffatt was showing signs of an overdose and transported to the hospital before being arrested on separate, unrelated warrants.
Earlier in the week, the Crown presented video surveillance footage from a nearby building showing Kody and the second youth riding their bikes north from the Swing Bridge.
Another person in dark clothing is present and a fight appears to break out with the two teens.
After the fight, Kody and the second youth ride away on their bikes and the other individual is seen walking back toward the Swing Bridge.
There is a 30 to 40 second time skip in the video, which then reveals a person on a bike riding north and away from the bridge.
On Wednesday, the Crown entered remaining video surveillance footage from the same building showing the time between the alleged fight and when police arrive on scene.
No other individuals are seen in the video footage, but a truck does pull into a nearby parking lot and drives away without anyone exiting or entering.
Defense counsel, Alison Craig, submitted additional video surveillance footage from the early morning hours of June 29, 2021.
The footage shows an individual riding a bike north along Brown Street just past the pedestrian bridge over the train tracks at approximately 12:15 a.m.
Further video footage presented on Tuesday showed Moffatt pushing a bike toward the same pedestrian bridge and crossing it earlier in the evening on June 28, 2021. At the time, Moffatt was walking with another person.
The two were then seen walking toward the James Street Swing Bridge, where it appears Moffatt left the bike near some trees. According to police who responded to the scene, no bikes aside from those belonging to Kody and his friend were found in the area.
The same camera footage showed a person riding a bike away from the area just before midnight.
Fitzpatrick remarked to counsel that the case will likely come down to timelines and asked that they be as clear as possible when presenting the timing of events as it relates their theories based on witness testimony and the video evidence.
Closing submissions will take place on Thursday.
