THUNDER BAY - After a jury was unable to reach a unanimous verdict in the trial against Jonathan Massicotte for his alleged role in the 2014 death of 32-year-old William Wapoose, the Crown has elected for a new trial before a judge alone.
The matter was heard briefly in a Thunder Bay courtroom on Monday where it was adjourned to Sept. 26 to set dates for a new trial before a judge.
Massicotte was first charged in May 2019 with first-degree murder in connection to the death of Wapoose, whose body was found in the Chapples Park area on Sept. 4, 2014.
A second accused, who was a youth at the time of the alleged offence, was also charged and is expected to stand trial on the charge of second-degree murder in October 2022.
Wapoose suffered numerous injuries including a skull fracture and laceration from blunt force trauma, several stab wounds to the back, and a stab wound on the neck that resulted in his death due to a loss of blood.
Massicotte stood trial before a jury on the charge of second-degree murder in May 2022. Following the five-day trial, Crown attorney Trevor Jukes conceded that there was not enough evidence to convict Massicotte of second-degree murder but told the jury that the evidence proved he was guilty of the lesser charge of manslaughter.
After deliberating for nearly a day and a half, the jury informed Justice Tracey Nieckarz that it was unable to reach a unanimous verdict.
Under the Criminal Code of Canada, a jury must reach a unanimous decision to convict or acquit an accused individual. If it is unable to do so, it is considered a deadlocked, or hung jury, and a new trial can be ordered.
Massicotte was first released on bail in June 2020. He has pleaded guilty to breaching the conditions of his release order on two separate occasions. Following his most recent breach charge, he served 15 days in custody and was released.
