THUNDER BAY — A man accused in the 2014 death of 32-year-old William Wapoose will stand trial again before a judge alone after a jury was unable to reach a unanimous decision early last year.
Jonathan Massicotte appeared before Justice John Fregeau in a Thunder Bay courtroom on Monday for trial. He was arraigned on the charge of second-degree murder and pleaded not guilty.
This is the second-time Massicotte is standing trial on the charge of second-degree murder relating to the death of Wapoose.
Following a five-day trial in May 2022, a 12-person jury was unable to reach a unanimous verdict.
Under the Criminal Code of Canada, a jury must reach a unanimous decision to convict or acquit the accused. If it is unable to reach a unanimous decision it is declared a hung jury or deadlocked and a retrial can be ordered with a new jury panel.
Crown prosecutor Trevor Jukes elected for a new trial before judge alone, which was granted in August 2022.
The charges date back to an incident on Sept. 3, 2014 when a passerby discovered Wapoose’s body near a walking path at the south end of Chapples Park Drive.
A post-mortem examination determined Wapoose suffered numerous injuries, including a skull fracture and laceration from blunt force trauma, several stab wounds to the back, and a significant stab wound to the neck that ultimately resulted in his death due to blood loss.
Massicotte was arrested in May 2019 along with a second individual who was a youth at the time of the offence. Both were initially charged with first-degree murder.
The youth, who cannot be named in accordance with the Youth Criminal Justice Act, stood trial in late 2022 before Justice Bruce Fitzpatrick on the charge of second-degree murder. On Jan. 26, 2023, Fitzpatrick found the youth guilty of manslaughter. A sentencing date will be scheduled later this year.
On Monday, a member of the Thunder Bay Police Service who first attended the scene where Wapoose’s body was found testified in the Massicotte retrial. He took the court through scene photographs of the area.
Wapoose’s body was found in a grassy area off a walking path. During cross-examination, defense counsel George Joseph asked if any drag marks were located in the area, to which the officer said none were found.
The trial is scheduled for the rest of the week, with two civilian witnesses expected to testify.
