THUNDER BAY - Marshall Hardy-Fox, a key witness in the Crown’s case against David Hui and Musab Saboon on charges of first-degree murder and kidnapping for their alleged role in the 2019 death of 40-year-old Lee Chiodo testified in court on Friday, providing details about the last moments of Chiodo’s life before he was shot in the back of the head.
“They were discussing what to do. That’s when Hui said I’ll do it,” Hardy-Fox said during his testimony, recounting Saboon and Hui talking after dragging Chiodo out of a car in the Mission Marsh area. “He grabbed the gun and started walking toward Lee and I got back in the front seat because that’s not something I want to see.”
Hardy-Fox, 30, was called to testify by the Crown on day five of the trial against 50-year-old Hui and 30-year-old Saboon before Justice Danial Newton in a Thunder Bay Courtroom.
First charged with first-degree murder and kidnapping in connection to Chiodo’s death, Hardy-Fox has since pleaded guilty to accessory after the fact to murder and kidnapping. He will be sentenced later this year.
Chiodo’s body was found near 108th Avenue leading to the former Ontario Power Generation site on Feb. 24, 2019. He died as a result of a gunshot to the back of the head.
Crown attorney, Rob Kozak, opened his questioning of Hardy-Fox by asking him to provide some details of his background, which included excelling in hockey and reaching the triple A level as a defenceman.
In April 2018, Hardy-Fox said he began a relationship with a woman and moved in to her Trillium Way residence. Later that year, he became suspicious that she was using crack and by December 2018 and January 2019 he had begun using the drug as well.
“It was the first drug I actually felt addicted to,” he said.
After a time of using drugs with his girlfriend, Hardy-Fox moved out of his girlfriend’s residence, saying he wanted to get away from all the drugs he was doing because it was too expensive.
She later came to him on Feb. 23, 2019, saying she was ‘trapping’ out of her house, meaning someone was using it as a place to sell drugs and she wanted Hardy-Fox’s help to kick them out.
Hardy-Fox testified that after arriving at her Trillium Way residence, he was waiting in the car for approximately half-an-hour consuming alcohol before deciding to go inside. It was then that he met Hui who was in the kitchen using drugs and he started smoking crack as well.
A couple hours passed before Saboon arrived at the residence, Hardy-Fox said, and while he was there, numerous people would knock on the door looking for drugs.
There was another woman at the residence at the time who Hardy-Fox said he did not know.
That evening, Hardy-Fox said Saboon and Hui became excited about getting a hold of someone who owed them money.
“Hui asked me to drive so I said okay because I knew if I drove, usually they pay their drivers with crack cocaine, so that’s why I agreed to driving,” he said, though added that he had never been a driver before.
Hardy-Fox recounted arriving at a bowling alley on Memorial Avenue, during which Hui and Saboon were discussing a plan that if the person they were going to meet didn’t have the money, they would drive him a long distance from the city and make him walk back.
“That’s when Lee showed up,” Hardy-Fox said, describing him as ‘bolting’ inside after he saw them.
“Hui and Saboon got out so I followed them and Saboon told me to go and watch the back doors, so I went to the back.”
According to Hardy-Fox, Saboon went inside and Hui went around the other side of the building.
Video surveillance from the bowling alley at approximately 11:20 p.m. on Feb. 23, 2019 shows Chiodo running past the front desk before being confronted by an individual matching the description of Saboon. They talk briefly, with Chiodo backing away at one point, before following the individual outside.
A short time later, Hardy-Fox said he saw Saboon enter the vehicle with Chiodo and he returned to the driver’s seat and then picked up Hui near the bus stop in front of the bowling alley before turning left onto Memorial Avenue.
“That’s when we started deciding where we were going to go,” Hardy-Fox said. “I decided we should go to the Mission Marsh.”
Hardy-Fox then turned down First Avenue to Water Street and proceeded toward the bridge by the Thunder Centre.
“I heard Saboon threatening Lee’s life, saying he wants his money,” Hardy-Fox said. “Lee was begging for his life saying he doesn’t want to die.”
It was then that Hardy-Fox said he noticed Saboon was holding a gun.
“When I saw it, it was my first time seeing a weapon like that,” he said. “I couldn’t believe I was in this situation I was in. I was scared.”
Hardy-Fox continued to drive toward Mission Marsh and at one point while driving near a bridge, he said Saboon threatened to break Chiodo’s legs and throw him over the side.
After arriving at the Mission Marsh Conservation area, Hardy-Fox said there were too many people around, so they turned around and took the first left, heading down 108thAvenue toward the former Ontario Power Generation site.
They reached a dead end and Hardy-Fox said Saboon and Hui took Chiodo out of the car and he was then told by Saboon to turn the car around.
Hardy-Fox turned the car around and said when he got out again he saw Hui and Saboon walking back toward the vehicle and Chiodo on the ground.
There was a discussion among Hui and Saboon about what to do and Hardy-Fox said he heard Hui say ‘I’ll do it,’ before taking the gun and walking toward Chiodo.
Hardy-Fox then got back into the car.
“A gunshot went off,” he said. “I was just looking forward.”
Hui and Saboon then got back into the car and the three started to head back to the city with Hardy-Fox still driving.
“Hui started talking about how the soul leaves the body and Saboon telling him how they are looking for guys like him to do stuff like that,” Hardy-Fox testified.
When they arrived back at the Trillium Way residence, Hardy-Fox said he was given $150 worth of crack, but only smoked between $10 or $20 worth, giving the rest to his girlfriend, saying he was too traumatized to use it.
“I stayed there for the night because I didn’t want them to feel suspicious about me because I didn’t want them to come after me,” Hardy-Fox said.
Both Saboon and Hui have pleaded not guilty to the charges before the court. Saboon said in an interview with police after he was detained on March 2 that he and Hui were in Kitchener, Ont. on Feb. 23 and 24, 2019.
Hui told police during an interview on March 3 that he was at the bowling alley with Saboon and someone named Marshall where they picked up Chiodo, but that he was dropped off between High Street and Memorial Avenue a short time after leaving.
Defense counsel, George Joseph, who is representing Hui, and Brennan Smart, representing Saboon, requested an adjournment until Monday to prepare for cross-examination of Hardy-Fox, which was granted by Justice Newton.
