Man charged with murder in Saint John shooting faces 5 unrelated weapons charges

CBC

2 days ago

One of three people charged with first-degree murder in connection with a shooting in uptown Saint John last month has pleaded not guilty to five weapons-related charges from earlier this year.
Hayden David Donald-Bentley, 20, appeared in Saint John provincial court Friday by video from custody to face the charges.
They include carrying a concealed weapon; possession of a prohibited or restricted firearm with ammunition; possession of a prohibited or restricted weapon; improper storage, handling or transportation of a weapon; and being an occupant of a vehicle knowing there's a firearm or weapon inside.
All of the offences are alleged to have occurred in January 2025, but Donald-Bentley likely won't stand trial on them until 2027, the courtroom heard.
That would be beyond the 18-month limit set by the Supreme Court of Canada for cases to be tried in provincial court — what is commonly referred to as the Jordan rule.
But it's what Donald-Bentley wants, his lawyer Charles Bryant told the court.
"My instructions [from my client] — consistent with my advice — are that these charges follow behind the murder charge," said Bryant, who's representing Donald-Bentley only on the weapons charges, not the murder charge.
Donald-Bentley is one of three people accused in the death of Thomas Connor Wilson, 20, whose body was found in a car in a parking lot near King's Square on May 13, shortly after police responded to reports of shots being fired near the corner of Carmarthen Street and King Street East around 10:30 a.m.
Police issued a shelter-in-place warning as they searched for three people seen leaving the area on foot, and a second warning later in the day for a neighbourhood on the city's west side.
Bryant did not elaborate on the legal strategy of the proposed postponement but did acknowledge it would push the weapons trial beyond the time limit deemed acceptable by the country's top court. Donald-Bentley is currently scheduled to face a preliminary inquiry in the murder case in June 2026.
"I've discussed what that means for Mr. Bentley, is that his right to trial within a reasonable time would be compromised," Bryant said.
"And so he's going to waive the delay. This is a defence delay."
The right to go to trial within a reasonable time is a provision of the Canadian Charter of Rights and Freedoms. In 2016 the Supreme Court put limits on how long an accused should have to wait — 18 months for provincial court matters and 30 months for more serious cases considered by higher courts, barring "exceptional circumstances."
Bryant asked Judge Kelly Winchester to set the weapons charges over for a trial date to be set after the preliminary inquiry is held. A preliminary inquiry is a hearing to determine if there's enough evidence to proceed to a trial.
Crown prosecutor Andrew Pollabauer did not oppose the request, "given the circumstances and the waiver as expressed by Mr. Bryant here today."
Crown expects 'clearer picture' after preliminary
Winchester commented that if the preliminary inquiry is in June 2026, she suspects a jury trial won't be until 2027.
The prosecutor replied, saying he believes by June 2026 "there will be a clearer picture in terms of what it's going to look like going forward and what those dates will be."
"So that's why we're only asking to be set over to that date to set a trial date."
A trial date will be set on Aug. 31, 2026.
"OK, thank you, your honour," said Donald-Bentley, as three female supporters sitting in the front row looked on. He remains in custody.
His two co-accused, Sheldon Ashford Scrubb, 30, and a 17-year-old, who can't be named under the Youth Criminal Justice Act, are also in custody.
Scrubb is due back in court on June 25 to set a date for a preliminary inquiry. His case has been adjourned a couple of times at the request of his defence lawyer, Nathan Gorham, to review disclosure from the Crown, which he has described as "quite voluminous."