KITCHENUHMAYKOOSIB INNINUWUG (K.I.) FIRST NATION, ON) – On Thursday, May 2, 2019, at approximately 5:00 a.m., members of the K.I. Police Service and Ontario Provincial Police (OPP) responded to a report of a fire at a local residence on Macheetao Road in the community of Kitchenuhmaykoosib Inninuwug First Nation.
The investigation was conducted by members of the OPP North West Regional Crime Unit, OPP Forensic Identification Services (FIS) and K.I. Police Service under the direction of the OPP Criminal Investigation Branch (CIB). Members from the Office of the Fire Marshall and Emergency Management (OFMEM), Ontario Forensic Pathology Services (OFPS) – Forensic Anthropology and the Office of the Chief Coroner for Ontario (OCCO) worked in cooperation with the OPP.
On May 5, 2019, five bodies were located and recovered from the home that was destroyed as a result of the residential fire. The OFPS – Forensic Anthropology and OCCO in Toronto completed the post mortem examinations and determined the cause of death to be smoke inhalation. The five victims were identified as:
- Geraldine Chapman (47)
- Angel McKay (12)
- Carl Cutfeet (9)
- Hailey Chapman (7)
- Shyra Chapman (6)
On December 8, 2020, the OPP North West Regional Crime Unit, the OPP Emergency Response Team (ERT) and the K.I. Police Service under the direction of the OPP Criminal Investigation Branch (CIB) arrested Archie Gilbert MCKAY, 42 years old, of K.I. First Nation.
The accused has been charged with 5 counts of First Degree Murder pursuant to section 235(1) of the Criminal Code.
MCKAY is being held in custody and is scheduled to appear in The Ontario Court of Justice in Kenora on Wednesday December 9, 2020.
Any person with information regarding this investigation should immediately contact the Ontario Provincial Police at 1-888-310-1122
Should you wish to remain anonymous, you may call Crime Stoppers at (TIPS) or access their website at: http://www.p3tips.com/273 where you may be eligible to receive a cash reward of up to $2,000. Call 1-800-222-8477.
Classification of Murder in Canada
Source: Criminal Code of Canada
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 a 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.
Marginal note:Second degree murder
(7) All murder that is not first degree murder is second degree murder.
