THUNDER BAY - Justice Tracey Nieckarz concluded that the evidence shows Patrick O’Keese was likely with Brayden Moonias the night of Aug. 5, 2017 in the Marina Park area where his body was found the next morning, but the evidence could not prove beyond a reasonable doubt that he was responsible for the assault that resulted in his death.
O’Keese, 26, appeared before Justice Nieckarz in a Thunder Bay Courtroom on Tuesday where he was acquitted of the charge of second-degree murder in the 2017 death of Moonias, who was 18-years-old.
“While the evidence is suspicious for Mr. O’Keese’s involvement in Mr. Moonias’ death, I cannot conclude beyond a reasonable doubt that Mr. O’Keese committed the assault on Mr. Moonias that caused his death,” Justice Nieckarz said during her ruling. “The burden of proof having not been met by the Crown, Mr. O’Keese must be acquitted.”
The verdict comes following an eight-day trial that took place in October. Throughout the trial, the Crown presented evidence that it argued placed O’Keese with Moonias during the day and evening of Aug. 5, 2017.
Evidence included testimony from Brandon Yesno and Skyler Linklater, who observed Moonias and O’Keese together at their residence where they said they planned to go drinking together.
Surveillance footage at a Cumberland Street apartment also showed the two together and there was an eye-witness account of Moonias meeting another individual near the corner of River and Cumberland streets at the same approximate time O’Keese was observed on video surveillance at the Beer Store on Cumberland Street.
Moonias’ body was found on a beach near the Marina Park overpass the morning of Aug. 6, 2017. He had injuries to his face, neck, and body and according to the pathologist, his cause of death was the result of blunt impact trauma to the head and neck, as well as mechanical airway obstruction and ethanol and cocaine toxicity.
Yesno and Linklater testified that O’Keese returned to the residence that night between 11 p.m. and midnight and he was described as frantic and upset. Blood was also observed on his shirt and face. O’Keese took the shirt off while at the residence and it was not recovered by police.
O’Keese could be placed in the Marina Park area from several items of clothing belonging to him that were seized by police and found to have DNA from another individual who was the victim of an assault in the Freedom Park area either the night of Aug. 5 or morning of Aug. 6.
Defense counsel Kevin Matthews argued that the Crown’s evidence was circumstantial and speculative.
Matthews put forth the theory that Moonias could have sustained his injuries as a result of repeated falls due to intoxication. He also said police failed to investigate other possible suspects, including those who may have been involved in a stabbing incident where Moonias sustained injuries to his arm, though no suspects were ever identified.
Justice Nieckarz disagreed that police had tunnel vision when investigating O’Keese and she believed that other leads were investigated.
She also disagreed that Moonias’ injuries were the result of repeatedly falling, particularly when considering the debris that was found in his airways.
“I am satisfied that Mr. Moonias’ death was caused by an unlawful act,” Justice Nieckarz said.
“While it is possible he could have inhaled sand and debris while laying in the sand, given the combination of injuries and the amount of debris and how far the debris was found in the lungs, it is unlikely.”
Justice Nieckarz also agreed that O’Keese went to the Marina Park area with Moonias the evening of Aug. 5 to consume alcohol but there is no further evidence to suggest that O’Keese committed an unlawful act that resulted in Moonias’ death.
“There are no witnesses to an altercation between O’Keese and Moonias,” she said. “There is no evidence of any injuries sustained by O’Keese from an altercation.”
Forensic evidence did find O’Keese’s DNA under the fingernail of Moonias, but it could not be definitively concluded how it ended up there and the two were seen sharing a cigarette on video surveillance footage that evening.
The timing of the incident involving the other assault victim also raised doubts, with Justice Nieckarz referring to testimony from the victim who said the assault took place the morning of Aug. 6, despite first telling police it took place the night of Aug. 5.
“Ultimately, given the frailties associated with the evidence of [the victim] I am left with doubt as to whether he was assaulted on the night of the fifth or the morning of Aug. 6,” Justice Nieckarz said, adding that it was unlikely O’Keese returned to the Marina Park area the morning of Aug. 6.
There was a finding of guilt against O’Keese on two counts of breach of recognizance for staying out past curfew and not refraining from purchasing, possessing, or consuming alcohol.
He was remanded into custody to Feb. 28 to be sentenced on the breach of recognizance charges.
O’Keese was also charged with aggravated assault from the night of Aug. 5, 2017, which will be heard as a separate charge before the courts.
