Krystal Toole's election, plea for allegedly helping Marissa Shephard delayed again

The case of Krystal Dawn Toole, the Moncton woman accused of assisting murder fugitive Marissa Shephard, has been adjourned again after the prosecutor handling the file failed to appear in court on Friday.

​Toole, 32, is charged with being an accessory after the fact to first-degree murder in the killing of Moncton teen Baylee Wylie in December.

She appeared in Moncton provincial court on Friday afternoon with her defence lawyer Hazen Brien, but Crown prosecutor Jessica Lavoie did not attend.

Brien appeared frustrated but said without the prosecutor, "nothing else can be done."

Toole, who appeared relaxed during the proceedings, was scheduled to elect her mode of trial and enter a plea.

She remains in custody and will return to court on May 13 at 1:30 p.m.

On Monday, Brien had suggested there might be an opportunity to resolve the matter. He also told the court he had just received new video evidence from the Crown, which he needed time to review, and requested the case be set over until Friday.

The two sides are still trying to resolve the matter, Brien said on Friday.

• Stephen Nagle admits to assisting fugitive Marissa Shephard
• ​​Marissa Shephard, wanted on murder charge, arrested in Moncton

Toole's case was previously adjourned on April 29, when Brien said he was waiting for more disclosure.

She has been in custody since March 1, when she was arrested in the company of Shephard, 20, and Stephen Nagle, 22, near the intersection of Shediac and Lewisville roads in Moncton, after police received a tip from the public.

Shephard, who was wanted on a Canada-wide arrest warrant for first-degree murder and arson in connection with the death of Wylie, had eluded police for about 10 weeks.

The body of Wylie, 18, was found on Dec. 17 in a burned apartment unit he had been sharing with Shephard, according to his mother.

RCMP have described Wylie's death as extremely violent.

Shephard is one of three people charged withe first-degree murder and arson in Wylie's death, while Toole and Nagle were both charged with being accessories by assisting Shephard.

Nagle, the father of Shephard's young son, changed his plea to guilty on April 25 and was sentenced to nine months in jail and one year of probation.

Shephard, who has been deemed fit to stand trial after a 30-day psychiatric assessment, is scheduled to return to court on June 3.

Her co-accused, Devin Morningstar, 18, waived his right to a preliminary hearing and is scheduled to stand trial on Oct. 18. Eight weeks have been set aside.

Shephard's other co-accused, Tyler Noel, 18, is scheduled to have a four-day preliminary hearing, starting on May 16.

Two other men, accused of assisting Noel to evade police, are also facing charges of being accessories to murder after the fact.

Bradley Bonnell, 20, and Zachary Holden, 19, were arrested on Jan. 9 in the company of Noel, who was wanted on a Canada-wide warrant in Wylie's death.

Bonnell, who has pleaded not guilty to that and other charges, has elected to be tried by judge and jury.

Holden is scheduled to return to court on May 27.