Update – The Preliminary Hearing has been adjourned until the spring of 2021.
THUNDER BAY – In the Thunder Bay District Court, a preliminary hearing has started in the homicide death of Ashley McKay. There are three people Marlene Lou KWANDIBENS, 37, Terryl Nicole Irene MICHON, 21, and Darren Steven OOMBASH, 24, all of Thunder Bay, each facing a charge of First-Degree Murder.
There is a publication ban in effect on details in this matter.
Ashley Chantal McKay was only twenty-five years old when her lifeless body was discovered in an apartment located in the 200 block of Cummings Street at approximately 5:30 am on October 30, 2018.
It should never have ended up this way. Friends and family tell NetNewsLedger that Ashley was a high school graduate, and she had started school at Confederation College in 2013. Her life was headed in a good direction. It got side-tracked with issues with addiction, and sources tell NetNewsLedger with people who were taking advantage of this tiny woman that led to the direction of her life that led to her untimely death.
What is a Preliminary Hearing?
A preliminary hearing is a hearing held by the Court to decide whether there is enough evidence to send the case to trial. … At the preliminary hearing, the prosecutor presents the most important parts of the evidence against the accused. The prosecutor may call witnesses to give evidence. The presiding judge then will make a decision on how the charges will be tried.
Classification of murder
231 (1) Murder is first-degree murder or second-degree murder.
Marginal note:Planned and deliberate murder
(2) Murder is first-degree murder when it is planned and deliberate.
Marginal note: Contracted murder
(3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.
Marginal note: Murder of peace officer, etc.
(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first-degree murder when the victim is
(a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;
(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or
(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.
Marginal note: Hijacking, sexual assault or kidnapping
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first-degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
(a) section 76 (hijacking an aircraft);
(b) section 271 (sexual assault);
(c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(d) section 273 (aggravated sexual assault);
(e) section 279 (kidnapping and forcible confinement); or
(f) section 279.1 (hostage taking).
Marginal note: Criminal harassment
(6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first-degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.
Marginal note: Murder — terrorist activity
(6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes terrorist activity.
Marginal note:Murder — criminal organization
(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when
(a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or
(b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.
Marginal note: Intimidation
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.
