'Extremely disappointed': Family of homicide victim storms out of courtroom as judge reads decision
Emotions boiled over after a judge acquitted two out of three defendants in a manslaughter case, while the third accused has since died.
It's been exactly four years to the day that Scotty Pate, 27, was shot and killed on Ashland Avenue, south of Dundas Street in London, Ont.
Days following the shooting, London police arrested and charged three people. Denny Doucet, 40, Nicole Moyer, 35, of London, and Jason Sylvestre, 36, of Windsor.
All three people were charged with manslaughter in connection with Pate's death — all three were out on bail.
The judge-alone-trial began last October, and had been delayed a number of times.
Today, before reading her verdict, Justice Patricia Moore told the court she had sent off her decision for a final edit and on Sunday, she was notified that one of the three defendants, Sylvestre, passed away in a motorcycle crash last month in Windsor, Ont.
After reviewing all the evidence heard during the initial three-week trial last year, Moore said she could not rely on a central witness' testimony, who died before the court proceedings began.
The key witness, Chris McNeil, who had testified in a preliminary trial and was able to link all three of the accused together, said that on the day of Pate's death, he was asked by Sylvestre if he wanted to help him rob Pate, but he refused. He added that Moyer said she’d drive, and Doucet was there too.
On that same night McNeil got a call from a panicked Sylvestre who said, “Something went wrong.”
McNeil testified, “Jay [Sylvestre] said he wrapped a gun in his shirt and threw it under a dumpster and asked me to go get it.”
During the trial, court heard that Sylvestre tried-on a black t-shirt that was recovered by police, behind a tire shop on Dundas Street, next to a dumpster and wrapped around a handgun.
During his testimony, McNeil also said he received a call from accused Denny Doucet who told him to report the car stolen. But McNeil said he didn’t know the “car was used in murder.”
That vehicle was found, burnt out, with no forensic evidence to trace.
Justice Moore said based on McNeil’s lengthy criminal record, that included over 36 convictions and previous incidents where he lied to police, she felt it was "unsafe to convict based on his testimony."
Moore acquitted Doucet and Moyer of conspiracy to commit robbery and manslaughter, but told the court she would have convicted Sylvestre, of manslaughter in Pate’s death.
Before court proceedings began, Pate’s family members were told by Moyer’s lawyer not to threaten or speak to the defendant or they would be thrown out of the courtroom.
Additional court constables had to be called in during the proceedings.
After the verdict was read, Pate’s family began shouting at the defendants and stormed out of the courtroom visibly upset.
Speaking to CTV News shortly after the verdict was read, Pate’s Aunt Ronnette Moxley-Lee said their family is "extremely disappointed."
"That's another gut punch for the family… four years to the day, and we walk out of here with sad faces, and they get to go home to their families,” said Moxley-Lee.
Since Sylvestre passed away, the manslaughter charge against him has been abated.
CTVNews.ca Top Stories
'2032 is not good enough': Kelly Craft says Canada has to spend faster on defence if Trump wins
A former U.S. ambassador says Canada needs to spend more on defence, and do so faster than the federal government's currently planning to, to meet the expectations of its NATO allies.
Flood survivors pelt Spain's royals with mud and premier is evacuated during a visit
Spain's King Felipe VI and top government officials were pelted with mud by a crowd of enraged flood survivors during the first visit by the country's leaders Sunday to the centre of the suffering.
Guelph, Ont. woman says she was pushed to homelessness and 'thrown on the street'
For people living on the fringe of society, the line between the safety and security of a home and homelessness is very thin.
What European housing models could do for Canada’s affordability problems
Housing experts argue widespread adoption of government-supported affordable housing, the growth of alternative models like co-operatives and co-housing, and the increased use of advanced building techniques could all play a role in improving Canada's housing system.
She got on a plane to find the guy she fell for at Oktoberfest. ‘I’m going to go and find my ginger’
Mandy Suess was so certain the red-haired man she met at Oktoberfest was special that she got on a plane to go and find him
U.K. prosecutors are mulling whether to charge Russell Brand over sex assault allegations
British prosecutors say they have been given a file of evidence from police about alleged sexual offenses by comedian Russell Brand and are considering whether to charge him.
CTV Calgary broadcast legend Darrel Janz dies at 83
He inspired thousands of young journalists and continued telling Calgarians' stories until his last days.
Most Americans believe abortion should be legal, at least in most circumstances, but it's still a flashpoint issue in JD Vance's home state
Abortion is a flashpoint in the upcoming American election, even as polls in the U.S. show most people support reproductive freedom. Abortion rights advocates tell CTV News that when candidates take a stance on that, it could influence a decision at the polling station– especially for women on who they want elected.
Weekend warriors have the same risk of mild dementia as more frequent exercisers, study suggests
People who only exercise on weekends have a similar risk of developing mild dementia to those who work out more frequently, a new study has found.