Man charged after violent assault at Prince Albert jail, cleared of any wrongdoing

Napope, who was Lafonde’s cellmate, was one of three men observed exiting the cell after the assault occurred. Rothery wrote the crucial issue in this case is whether the Crown was able to prove beyond a reasonable doubt that Napope was a party to the offence of second degree murder, or the included offence of manslaughter.

Tyson Lafonde’s obituary picture. (Beau Lac Funeral Home)

Among the key pieces of evidence during the trial, were Lafonde’s blood spatter stains found on Napope’s right pant leg. Defence lawyer Thomas Hynes had noted the small proximity of the cell and explained the inference that could be made the blood spatter could have gone anywhere – on this point, Justice Rothery agreed.

“I am left in reasonable doubt as to how the spatter stains were deposited. Napope could merely have been standing close enough to have his pant leg sprayed with the spatter stains travelling from Lafonde’s body,” she wrote.

Witnesses also testified Napope was in the cell with the injured Lafonde for roughly nine minutes before staff arrived. Rothery explained an inference can be drawn that Napope knew what the outcome of this incident would be.

“He did not need to put himself at greater risk as an inmate by calling attention to himself. Thus, he just waited the few minutes for Lafonde to be found,” she said, and also noting at least four other inmates had looked into the cell and none of them had raised alarm about Lafonde being injured.

Outside the courthouse, Defence lawyer Thomas Hynes acknowledged he was happy with the result.

“We see from the judge’s written decision that she agreed with us on just about every point, that the Crown didn’t really have the evidence to prove anything other than Mr. Napope was confined in his cell,” he said.

Hynes also noted the recognition by the Madam Justice with respect to the differences for institutional life and people serving time won’t see anything and don’t say anything because they don’t want to draw attention to themselves.

“The base line being the law creates a legal duty to for certain people to act, where they have a duty to act, like paramedics or parents but that doesn’t exist in the jails and just being present for a crime isn’t enough,” he said.

Several members of Lafonde’s family were in the courtroom for the verdict, and were visibly upset. When later approached for comment, they declined – as did Crown Prosecutor Mary Ann Larson.

Last October, one of the co-accused, Kyle Bear, entered a guilty plea to manslaughter. His case is scheduled to be spoken to on Tuesday. paNOW has been told Bear’s lawyer is seeking an expungement of the plea.

Another co-accused, George Custer, had his charge stayed.

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nigel.maxwell@pattisonmedia.com

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by Nigel Maxwell

Man charged after violent assault at Prince Albert jail, cleared of any wrongdoing

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