Two men convicted of the 2010 shooting murder of Brandon Musgrave have been granted a new trial based on errors in the judge’s jury instruction.
Three years ago, Joshua Warner and Tyrone Chambers were found guilty of second-degree murder of the 18 year old and the aggravated assault of two others during a student house party on Dundurn street.
The Court of Appeal for Ontario quashed the murder convictions based on Justice James A. Ramsay’s failure to properly instruct what could be inferred from the accused post-offence conduct.
After the shootings on March 12, 2010, Chambers who was 23 at the time, and Warner–who was 21–fled the scene together and eventually parted ways.
Chambers was arrested in Halifax in April 2010. Warner fled to Guyana where he was arrested and returned to Canada in April 2011
Associate Chief Justice of Ontario Alexandra Hoy wrote in the court of appeal decision “He [Justice James A. Ramsey] erroneously left the impression that Warner’s and Chamber’s post-offence conduct was relevant to all of the offences with which they were charged and could assist them in establishing the ‘respective states of mind of each accused.”
The appeal decision explained, “Normally, post-offence conduct cannot help to determine the state of mind of an accused, and it could not do so in this case.”
In 2013, both were sentenced to life in prison. Warner was given no chance of parole for 15 years and Chambers was given no chance of parole for 17.
Brandon’s mother Janet Musgarve says the family is devastated by the decision, but they will be there every step of the way.