THUNDER BAY – One of the two men accused in the death of Lee Chiodo told police early on in the investigation that it was impossible for either of them to be involved in the murder because they were not in city at the time.
During day two of the trial against Musab Saboon and David Hui on charges of first-degree murder and kidnapping for their alleged role in the 2019 death of 40-year-old Chiodo, the Crown shared with the court a videotaped interview with Saboon by Thunder Bay Police.
The interview took place on March 1, 2019 after Saboon, Hui, and a third individual were stopped by members of the Thunder Bay Police Service uniform patrol branch in the Beverly Street area.
The officers were notified by the criminal investigations branch of a vehicle of a possible person of interest in the area connected to the Chiodo homicide investigation.
Chiodo’s body was found near the former Ontario Power Generation site on 108th Avenue on Mission Island on Feb. 24, 2019.
Following the stop, Saboon was detained and the vehicle was seized. Hui was permitted to leave the scene on foot and the third passenger was placed under arrest for unrelated outstanding warrants.
During the interview conducted by Det. Const. Paul Kainulainen with the criminal investigations branch, Saboon was told that he was a person of interest in the homicide investigation.
“I don’t see how I am,” Saboon said. “The homicide happened on the 23 and I got here on the 26.”
Saboon told Kainulainen that both he and Hui were in Kitchener on Feb. 23 and drove up to Thunder Bay on Feb. 26, 2019.
He listed several locations he would have been on or around Feb. 23, such as a club playing poker, a Tim Hortons, and a burger restaurant. Saboon also informed Kainulainen that he received a traffic ticket from the Ontario Provincial Police near Marathon when driving to Thunder Bay.
During cross examination by Saboon’s attorney, Brennan Smart, Kainulainen was asked if investigators followed up on any of these claims or sought video surveillance footage to confirm if Saboon was in Kitchener.
Kainulainen said there either was no follow up or he was not aware of any, including looking into the OPP traffic ticket.
Saboon was also asked if he had any contact with Chiodo. He replied that he had heard he owed people money for drugs but that he had no direct contact with him.
The vehicle Saboon was driving, which was a rental, was seized, along with all the belongings inside and his clothing, including a grey sweatshirt.
Kainulainen told Saboon that it looked similar to the sweatshirt that was worn by a man matching his description on video surveillance at a local bowling alley on Memorial Avenue approaching Chiodo.
Chiodo was first seen on the video running and then being confronted by the man in the grey sweatshirt before eventually following him out through the main doors.
Saboon said he had seen the video that was released by police during appeals for information from the public to assist in the investigation.
“It’s grey, but it’s a different shade of grey,” Saboon said of the sweatshirt. “I don’t know if you guys noticed that.”
Kainulainen then asked Saboon if investigators would find anything on the sweatshirt linking him to the incident involving Chiodo.
“I am 100 per cent sure there won’t be anything on there,” he said.
During cross-examination, Smart asked Kainulainen about any testing done on the sweatshirt and he said he was not aware of any results.
Kainulanien was also asked about Saboon referencing Chiodo owing money to people in Toronto.
“Was any investigation done to your knowledge with respect to whether Lee Chiodo owed other people money?” he asked.
“To my knowledge, I am not sure what investigative steps were taken to follow up,” Kainulainen said.
Smart also referred to a previous social media conversation entered into evidence between Chiodo and another individual with the same name as one of the people Saboon referenced in the Academy Drive area when asked about Chiodo.
In the conversation, Chiodo was asked if he had any drugs. They had agreed to meet at the Memorial Avenue bowling alley and at one point Chiodo asks if he is being setup.
“Is that consistent with Lee Chiodo being worried about someone who may have issue with him at the [Academy Drive area]?” Smart asked.
“I would say if Lee Chiodo, or the handler of his profile, I would say he has some concern,” Kainulainen answered.
“Which would be consistent with owing money and not wanting to be confronted?” Smart asked.
“It’s certainty possible,” Kainulainen replied.
Following the interview, Saboon was released. He was arrested and formally charged on March 5 by Waterloo Police after a Canada-wide warrant was issued.
The court also heard from Benjamin Sampson, a firearms and ammunition expert with the Centre for Forensic Sciences.
Chiodo died as a result of a gunshot wound to the back of the head. The firearm used in the murder was never recovered.
Sampson testified that the bullet casing found at the scene was that of a Remington brand .40 Smith and Wesson and the bullet fired was a .40-10mm calibre bullet.
The impression left by the firing pin on the casing and the rifling on the bullet were consistent with a Glock semi-automatic handgun, though Sampson said the actual firearm could not be definitively determined.
