THUNDER BAY - The family and community of Sherman Quisses are expressing disappointment that the individual allegedly responsible for his death will not stand trial.
Adam Capay, 26, was accused in the stabbing death of Quisses, 35, at the Thunder Bay Correctional Centre following an altercation in June 2012.
In a Thunder Bay Courtroom on Monday, Justice John Fregeau granted a stay of the first-degree murder charged against Capay and ordered him released.
“Neskantaga community and the Quisses family have fought for justice for Sherman since his murder in 2012 and we are very disappointment that this murder trial will not proceed,” said Neskantaga First Nation Chief Wayne Moonias in a written statement issued on Tuesday.
“Sherman’s murder has devastated his family and severely affected our community. Members of the Quisses family are still struggling to deal with their loss and are experiencing ongoing emotional distress.”
Following Justice Fregeau delivering his decision to grant the stay, an observer in the body of the court became visibly upset before leaving the courtroom.
Counsel for Capay requested a stay of the first-degree murder charge last spring, arguing his rights were violated under the Charter of Rights and Freedom.
Following Quisses’ death, Capay was transferred to the Thunder Bay District Jail where he was held in solitary confinement for more than four years, which included being kept in a Plexiglass cell up to 23-hours a day with lights on for 24-hours a day.
Justice Fregeau agreed that his charter rights were violated during his time in custody and granted the stay.
“This decision re-victimizes the family,” Moonias said. “We strongly opposed the granting of a stay in this case, and we are struggling to understand how there can be no justice for Sherman.”
A publication ban is in place on Justice Fregeau’s reasons for granting the stay and evidence in the case until Feb. 27, to allow time for the appeal process.
Quisses leaves behind one child and several siblings.
“We appreciate the support we have received during this lengthy legal process and Neskantaga will continue to support the Quisses family during this difficult time,” Moonias said.
