THUNDER BAY - The contents of a journal left behind by a now-deceased individual who police initially believed to be a person of interest in the death of Braiden Jacob were raised during cross-examination of the lead investigator in the case Tuesday, with the defense counsel for Jonathan Yellowhead pointing out a significant entry.
“The note said: ‘I’m a killer, don’t push me, I killed your boyfriend and I am not sorry,’” defense attorney Neil McCartney read before the court during his cross-examination of former Thunder Bay Police Service Det. Const. Andrew Johnstone.
Johnstone was called to testify by the Crown on day two of the trial against Yellowhead on the charge of manslaughter for his alleged role in the death of 17-year-old Jacob, whose body was found in the Chapples Park area on Dec. 9, 2018.
In December 2018, Johnstone was the missing person coordinator in the Criminal Investigation Branch of the Thunder Bay Police Service and he first became involved in the Jacob case on Dec. 6, 2018 after learning of the missing persons report.
Johnstone detailed the investigation into Jacob’s disappearance, including attempting to contact individuals he was believed to be with and obtaining surveillance footage from an Arthur Street hotel.
According to an individual interviewed by police, Jacob was last seen going toward the Limbrick Street area in the early morning hours of of Dec. 6. Jacob was seen on video surveillance in the Limbrick Street area along with Yellowhead, who told Nishnawbe Aski Nation Police Service investigators that he went there with Jacob from the hotel, and Jacob met someone else and left.
On Dec. 8, 2018, Jacob’s case was upgraded from a missing person to a major case.
“From my understanding, information was received that Braiden may have come into harm or talk of harm coming to him,” Johnstone said. “It becomes a missing person with suspected foul play, so it becomes a major case at that point.”
Johnstone said he became aware of an individual saying he knew where Jacob was. He was picked up from the airport on Dec. 9 before boarding a plane and was interviewed by police. During this interview, Yellowhead’s name came up.
Police were also made aware of another possible person of interest after speaking with people who said there was a party in a room at an Arthur Street hotel the evening of Dec. 5 and morning of Dec. 6.
Yellowhead and Jacob were at the party in a hotel room and were seen on video surveillance running out the front entrance together. According to Yellowhead’s statement to NAPS, a window was broken in the hotel and he and Jacob left.
The two persons of interest were observed entering a hotel on Kingsway on Dec. 6 but not leaving.
During cross-examination, McCartney questioned Johnstone about other persons of interest, including one that had passed away in December 2019.
McCartney had previously brought forward an alternative suspect motion to the court that was accepted.
The court heard that the person of interest who passed away left behind a journal that included the ‘I am a killer’ statement.
“Your report says that this note is of interest because he says he’s a killer, but it says something more specific than that right? It says I killed your boyfriend,” McCartney asked.
“Correct, it says that,” Johnstone said.
McCartney then asked Johnstone if he was aware of any follow-up investigation into the movements of that individual in December 2018 after the notes came to light, to which Johnstone said he was not.
During re-examination by Crown attorney Heather Bracken, Johnstone was asked if there were other persons of interest aside from Yellowhead in the investigation into Jacob’s death. Johnstone said at the time police believed two other individuals may have been involved.
“Were you able to come up with evidence to support that theory?” Bracken asked.
“No, we were not,” Johnstone said.
Testimony on Tuesday was stopped several times after McCartney asked questions relating to public perceptions of the Thunder Bay Police Service at the time and its handling of missing person investigations involving Indigenous youth.
Bracken acknowledged the issues in the city of Thunder Bay but argued McCartney’s questions were too vague and not related to the investigation before the court.
“It is a great huge elephant in the room right now,” McCartney said. “As we get into officers who were more deeply concerned in the investigation I am interested in seeing what they have to say. A person in the Thunder Bay Police Service at this time can share experiences. That is something that will assist the court in determining whether or how these issues had an impact on this investigation.”
Bracken said the Crown did not dispute the issues but asked that the questions be narrowed.
Justice Bonnie Warkentin allowed the questions but said it is inappropriate to ask officers their opinions on the integrity of investigations.
“If this will be part of your submissions in this trial at the end of the day, I am certainly going to permit you to explore it, but I will keep a tight rein on it,” she told McCartney.
Testimony continues on Wednesday. Yellowhead has pleaded not guilty to the charges before the courts and remains in custody.
