N.S. man found guilty of murder in death of fellow convicted killer at N.B. prison
Christian Enang Clyke was found guilty Tuesday of second-degree murder. A judge ruled he killed Richard Alan King on Oct. 6, 2022, at the Atlantic Institution, a maximum security prison in Renous, southwest of Miramichi.
Court of King's Bench Justice Fred Ferguson rejected Clyke's testimony that he stabbed King 10 times in self-defence.
"I find that Mr. Clyke's testimony at trial is not credible, it's not reliable, it's not believable," Ferguson said while delivering the verdict Tuesday in Miramichi.
Clyke is serving a sentence for second-degree murder in the 2011 death of Angela Hall in Dartmouth. He is appealing his conviction.
King was serving a life sentence for second-degree murder in the 2006 death of Shawn Tomah in Woodstock, N.B.
Clyke is also awaiting a decision in a separate case on charges alleging that he and Justin Bourque, who killed three Mounties in Moncton in 2014, stabbed an inmate in May 2022.
Ferguson's 110-page decision in King's death says evidence presented over the four-day trial in June established the victim and Clyke entered another inmate's cell in the prison around around suppertime on Oct. 6, 2022.
During the 12 seconds they were in the cell, King was stabbed seven times.
Surveillance video from outside the cell showed King emerge with what appeared to be blood on his face and shirt, followed by Clyke stabbing him three more times in the upper chest.
King was alive while en route to hospital but didn't survive.
Claimed life threatened over drug deal
Clyke told police in December 2022 that he was the only person involved in King's death and gave investigators a detailed description the judge found was corroborated by video and autopsy evidence.
Clyke testified during his trial that he acted in self-defence.
Clyke testified that he and King had planned for $3,500 worth of drugs to be dropped into the prison from a drone. When the deal fell apart, Clyke alleged King sent a note threatening to kill him unless the deal was resurrected.
Clyke told police he entered the cell with King after overhearing King mentioning his name to others, believing King was blaming him for what happened.
But the judge rejected Clyke's testimony at trial, writing it was "at complete odds to what he told the investigating officers" in 2022 about what unfolded.
"I find Mr. Clyke's testimony is not believable," Ferguson said Tuesday.
Appeal could affect sentencing
Clyke is tentatively set to be sentenced Oct. 28.
However, the judge and Crown prosecutor said that it could be rescheduled as Clyke's appeal of the Halifax case unfolds. Clyke said his appeal should be heard in the fall.
The outcome of the appeal could affect Clyke's sentence. Ferguson said if his conviction is upheld, King would be Clyke's second murder and he wouldn't be eligible for parole for at least 25 years.
However, if the conviction is overturned, the judge will have to determine whether Clyke can become eligible for parole within 10 years.
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