THUNDER BAY – Adam Capay will not stand trial for first-degree murder for his alleged role in the 2012 stabbing death of Sherman Quisses at the Thunder Bay Correctional Centre.
Justice John Fregeau handed down his decision in a Thunder Bay Courtroom on Monday after first hearing the case last spring.
It was alleged that Capay was involved in the stabbing death of Quisses, 35, during an altercation at the Thunder Bay Correctional Centre in June 2012.
Counsel for Capay requested a stay of the first-degree murder charge arguing his rights were violated under the Charter of Rights and Freedom.
Capay made national headlines after it was revealed that he was left in solitary confinement for up to 23 hours a day for more than four years at the Thunder Bay District Jail.
Because he was considered a threat to himself and other prisoners, Capay was kept in a Plexiglass cell with lights on 24-hours a day.
Capay was present in the courtroom for the decision and Fregeau ordered him released.
There is a publication ban in place on Fregeau’s reasoning and evidence for granting the stay until Feb. 27 for an appeal period.
