Police find handgun in James Cody homicide probe, forensic work delayed by pandemic
No charges laid 3 months after slaying on Craigmillar Avenue in St. John’s
Police investigators have found the weapon that may have been used to kill James Cody but say forensic analysis of the handgun has been delayed by the COVID-19 pandemic.
That's according to Royal Newfoundland Constabulary court filings obtained by CBC News.
Cody's lifeless body was found on the pavement of Craigmillar Avenue in west-end St. John's in the early morning hours of July 5.
According to police court filings, investigators seized a KelTec P-11 9mm Luger handgun on July 8, three days after the slaying.
It was found on a property on an adjacent street, located behind 40 Craigmillar Ave.
The home at 40 Craigmillar Ave. was the subject of intense police interest as the investigation unfolded.
Next week, the RNC will be in court seeking permission from a judge to hold onto the gun, and other evidence seized during the homicide probe.
No charges have yet been laid, and the police need a court order to keep custody of those items.
"The KelTec P-11 9-mm Luger handgun has been sent to the RCMP laboratory for examination to determine if this is the firearm used in the homicide and to test for DNA samples; because of COVID-19, forensic results have been delayed and have not been received at this time," an RNC investigator wrote in documents filed at provincial court earlier this week.
"The 9-mm magazine (empty) removed from the KelTec P-11 9-mm Luger handgun has been sent to the RCMP laboratory for further analysis; because of COVID-19, forensic results have been delayed and have not been received at this time."
Forensic analysis of other potential evidence has also been hung up by the pandemic, according to RNC court filings.
That includes a number of items seized at 40 Craigmillar Ave. — four 9-mm bullet casings, DNA swabs from drinking glasses and a beer can, plus gunshot residue swabs.
Investigators also want to hold onto a closed-circuit TV system and hard drive, plus two cellphones seized from the property and residence.
Police tight-lipped on probe
The RNC has released few details about the homicide investigation.
The police have suspects, but won't say how many.
Both Cody and the owner of 40 Craigmillar Ave., Kurt Churchill, have past charges accusing them of links to drug trafficking.
In July, lead RNC investigator Supt. Tom Warren said there was no information to suggest the homicide was linked to the drug trade or any other past crimes. However, he said at the time that it remained an active and fluid investigation.
Police have not confirmed what, if any, connection Churchill has to the homicide.
On Friday morning, the RNC issued a brief emailed statement that did not address the court filings, but indicated the matter is still under investigation.
In 2014, Churchill was charged in the wake of Operation Battalion, a police investigation targeting high-level cocaine trafficking in the St. John's area. Two and a half years later, he was acquitted after filing an application about unfair trial delays. The Crown called no evidence, and asked for the acquittal to be entered.
Churchill's lawyer Robby Ash, asked about the pending RNC application, declined comment on his client's behalf.
Cody fought drug charges all the way to the Supreme Court of Canada in 2017 and won. That landmark case also involved the right to a speedy trial.
With files from Ariana Kelland