Stayed murder charges mean some to walk, others remain in custody

Stayed murder charges mean some of the five people will be released from custody while others will remain behind bars on other charges.

The charges were stayed Friday as a result of an error by the Fredericton Police Force, yet to be explained, in one of the murder investigations.

The development means Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell won't go on trial on the allegations involving two homicides.

Blyth and McIsaac were accused of killing Brandon Donelan in 2022. Hood and LeBlanc were being tried separately and were also accused of killing Donelan. 

McIsaac was also accused, along with Snowsell, of killing Corey Christopher Markey in Fredericton in 2021.

As Court of King's Bench Justice Richard Petrie stayed each charge, he said the move terminated any order to keep them in custody. But that didn't automatically mean each of the five walked free. 

Defence lawyer Brian Munro represented Snowsell and Hood. Munro told reporters he expected them to be released. Both appeared in court Friday by video from where they were being held. 

"It'll happen," Munro said Friday about their release.

Gilles Lemieux, a lawyer who represented LeBlanc, said he remains in custody for an unrelated charge in Quebec.

Defence lawyer Nathan Gorham, who represented McIsaac in the two murder cases, declined to say whether he would be released.

"I haven't spoken to him about whether I have permission to disclose that," Gorham told reporters. 

Blyth is serving a sentence for drug offences and is eligible for day parole. 

Defence lawyer T.J. Burke said Blyth pleaded guilty to the charges in December. The plea couldn't be reported at the time because of a publication ban related to the murder case that lifted Friday.

Burke said the drugs were found during a search carried out as part of the murder investigation. Burke said they may now apply to have her convictions reviewed based on what happened in the murder case. 

"That's something we're going to have to look at later," Burke said Friday. 

Burke said there was no update as of Wednesday afternoon.

Gorham and Munro did not respond to requests for updates on the status of their clients.

WATCH | 'Utter disbelief' sister says as murder case ends:

Charges stayed for 5 accused of murder

29 days ago

Duration 2:33

Murder charges against five people in three Fredericton region cases were stayed by the Crown on Friday.

The Crown offered no information in court Friday about why it was staying the charges. Gorham told the judge, though, that it was the result of an "insurmountable evidentiary issue" involving a police agency he didn't name.

Moments later, Fredericton police Chief Gary Forward issued a statement saying the force had committed an error in the investigation into Markey's death that led to the stayed charges. 

"Our error has further detrimentally impacted on a similar major crime investigation by a partner agency," Forward said in the statement. 

Fredericton police have not explained how an error in its investigation into Markey's death also affected the Donelan homicide, which was investigated by the RCMP.

Forward said the force is seeking an independent review of what happened. The chief has not said anything more about the error or the review, including who will carry it out, when it will take place, or whether its results will be disclosed.

Meanwhile, the RCMP said in an email Friday that it "is confident in the investigation that we completed, and that all appropriate procedures and policies were followed."