THUNDER BAY -- Kirk Furioso said his son, Kody, was always one to step up to defend someone else, no matter the circumstances, and it was something he did right up to the day he died.
“All his life it was always that same story all the time,” Kirk said. “In the end, he ended up being killed defending somebody else. That’s what my take on Kody’s life will be forever. He was a hero to me because that’s what heroes do.”
“He was such a sweet boy,” added Kody’s mother, Kathy. “Tough exterior, but deep down he was a really sweet kid. He was kind-hearted, so loving. He was funny and very adventurous. He did so much in his short life.”
Kathy, Kirk, and Kody’s sister Kassidy spoke with Tbnewswatch following Justice Bruce Fitzpatrick’s verdict on Wednesday that found Dustin Moffatt not guilty of second-degree murder and aggravated assault.
Fitzpatrick ruled the Crown failed to prove beyond a reasonable doubt that Moffatt was the individual who engaged in a fight with 16-year-old Kody and his 17-year-old friend just after midnight on June 29, 2021 near the James Street Swing Bridge.
The two teens were stabbed during the altercation and Kody later died in hospital. Moffatt was located in the area suffering an opioid overdose and was charged by police.
But Fitzpatrick said in his ruling that he believed Moffatt was already unconscious at the time of the fight and that someone else, a ‘man in black’ who was present, stabbed Kody and his friend.
Kirk and Kathy said the verdict left them feeling frustrated and angry because for the past two-and-a-half years they were convinced by the Crown and investigators that the right person was charged.
“They were confident they had the right man and we believed them,” Kathy said. “I still do especially after seeing his behaviour that day.”
“Everyone was confident until Wednesday,” Kirk added. “That was a really tough thing to have to hear.”
Following the verdict, a confrontation erupted outside the courtroom, with Thunder Bay Police Service officers and special courthouse constables having to separate the two parties.
Kirk said the anger he felt was related to the fact that Moffatt was recorded on video in the area that night with another individual, who Fitzpatrick said was likely the person who murdered Kody.
“That’s what happened after the court case was over,” he said. “For myself, I just couldn’t get over the fact we are releasing a man, who if he didn’t kill Kody, he knows who did, and we are just releasing him with no information. How do you justify that?
“I do not remember ever being so angry as that moment because it doesn’t make sense.”
The entire experience with the criminal justice system over the last two-and-a-half years has left the Furioso family feeling discouraged, whether it was investigators missing the ‘white dots’ on the surveillance video that Fitzpatrick said was likely Moffatt already passed out when the fight was taking place, or Moffatt being released on bail leading up to the trial.
“It just feels like the system is so flawed. There’s no justice,” Kathy said.
“We learned so much and it’s terrible what we learned. I feel for anybody who has to go through this. It’s a nightmare. It’s just a nightmare and all this feels like for nothing. And now Thunder Bay has a murderer out walking the streets because there is no doubt that our son is dead and no one is responsible."
“I’ve watched my son get killed 50 times over two-and-a-half years,” Kirk added. “I wish this would go away and we can grieve. How do you do that when you watch him die over and over again? I’m sure that we are not the only people doing this. I don’t believe the way we handle these cases is correct at all."
The family is expecting to meet with investigators late next week to discuss the case. On Friday, the Thunder Bay Police Service issued a statement that said the Major Crimes Unit is aware of the judicial decision and that: “the investigative team will be meeting and discussing the matter.”
Kathy said she believes there is someone out there who has the information that will bring justice to Kody and the family.
“Please, please come forward,” she said.
“Kody deserves justice. We don’t want anybody else ever having to go through this. It could have been anybody. They were two innocent teenagers going home after having some fun on summer holidays. It could have happened to anybody.
“The bottom line is we need the right person. We really hope the right person, whoever did it, gets caught and pays," she said.
The family wanted to thank the couple who stopped to call 911 the night of June 29 and they expressed gratitude to the community for all the support it has shown during the last two-and-a-half years, including a vigil organized in Westfort shortly after the incident in support of Kody and all victims of violence in the city.
“That was amazing. It really helped us at that moment because we felt so alone,” Kathy said.
“It was so nice that people cared and cared about Kody and took the time to do that. It was, and still is, an awful time. There has been lots of support.”
Kirk also thanked the officers at the Thunder Bay courthouse who stepped in during the confrontation on Wednesday, including one officer in particular who hugged him afterwards.
“I was in the darkest space I can ever remember being,” he said. “Those people are good people. Very good people.”
Kody’s loss has left an immeasurable gap in the family - and Kirk and Kathy can’t help but think about all the things he will miss and they will miss. But he will always be remembered as the adventurous kid cheering on the underdog who was always willing to step up for someone else.
“I wish everybody could have met Kody at least once to actually understand the character of this boy. It was just amazing,” Kirk said.
“Even the night he passed away, he was trying to help his friend, because he got stabbed first, so he was defending his friend.”
