Mistrial declared in case of one EMDC guard as jury fails to reach verdict
Nick Paparella, CTV London
Published Tuesday, February 5, 2019 3:37PM EST
Last Updated Wednesday, February 6, 2019 5:50PM EST
A decision in the trials of two former Elgin-Middlesex Detention Centre guards has left one found not guilty and the other with a mistrial.
Late Tuesday night the jury came back with a not guilty verdict for Stephen Jurkus.
The jury could not reach a decision in the case of Leslie Lonsbary and so a mistrial was declared.
The case against Lonsbary will now go to Assignment Court to have new trial date set.
His lawyer, Pat Ducharme, says, "He's been a correctional officer all his adult life and he feels for the Kargus family. It's a tragic death, it never should have happened, one way or another Mr. Kargus should have been protected. Our simple defence was that it did not relate to anything Mr. Jurkus did."
Jurkus and Lonsbary both pleaded not guilty to charges of failing to provide the necessaries of life in the death of Adam Kargus.
Anthony George pleaded guilty to second-degree murder in the beating death of Kargus, his cell mate at EMDC, in Oct. 2013.
The decisions come after three weeks of testimony and two days of deliberation.
Kargus's mother Deb Abrams says, "We feel like nobody really cares, there is no justice. That verdict and lack of a verdict means there's not going to be changes and that's what we wanted for our son and for other inmates."
The lawyer for the Kargus family, Kevin Egan, says they are still searching for answers, "I guess I'm in a little bit of shock here. I think we all had expected a different result, you know it would be finally disposed of. "