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Crown stays cold case murder charges after identifying 'insurmountable' issue with evidence
Crown stays cold case murder charges after identifying 'insurmountable' issue with evidence

CBC

time3 days ago

  • CBC

Crown stays cold case murder charges after identifying 'insurmountable' issue with evidence

A Calgary man accused of killing two people nearly 30 years ago saw his murder charges dropped on Friday due to what the Crown described as "a significant issue with the evidence." Stuart Douglass MacGregor, 55, was facing two counts of first-degree murder for the killings of Barry Christian Buchart, 26, and Trevor Thomas Deakins, 25, who were fatally shot in 1994. Defence lawyers Rebecca Snukal and Michael Bates have been in pre-trial hearings dealing with the admissibility of certain evidence leading up to the trial which was set to take place in November. On Friday, Snukal confirmed she'd received a letter from the Crown announcing the charges had been stayed. "Our client has always maintained his innocence in relation to these charges and is extremely relieved and grateful to return home to his family," wrote Snukal and Bates in a brief statement. Snukal confirmed Stuart will be released from custody later today after being held at the Calgary Remand Centre since his arrest in 2023. Evidence issue 'insurmountable' A spokesperson for the Alberta Crown Prosecution Service also issued a statement, saying that prosecutors continually assess their cases to "ensure all aspects of the evidence are carefully considered at every stage of a prosecution." "During the prosecution, the Crown prosecutor encountered a significant issue with the evidence," reads the statement. "The Crown prosecutor thoroughly explored all paths to trial so the allegations could be determined on the merits, however, the evidentiary issue was ultimately determined to be insurmountable." On July 11, 1994, two men broke into a home in Calgary's southeast, where Buchart and Deakins were killed. Both victims were shot point-blank. The investigation into the killings went cold for decades before police reopened the investigation in 2019. Using genetic genealogical investigative techniques, police were able to track down family members of the suspects, which ultimately led them to arrest two men. Leonard Brian Cochrane was charged in 2020. MacGregor was arrested and charged in 2023, the same year a Calgary judge convicted Cochrane of murder. Cochrane is currently serving a life sentence.

Sean McGovern concerned over ‘legality, propriety, process' of Dubai arrest and extradition, court told
Sean McGovern concerned over ‘legality, propriety, process' of Dubai arrest and extradition, court told

Irish Times

time5 days ago

  • Business
  • Irish Times

Sean McGovern concerned over ‘legality, propriety, process' of Dubai arrest and extradition, court told

The legal team hired by alleged Kinahan cartel senior figure Sean McGovern has told the Special Criminal Court in Dublin it was very concerned about the legality of his arrest in Dubai, his extradition to Ireland and his arrival in Dublin last week. Olan Callanan BL, for Mr McGovern, on Thursday told the court those reservations would be formally raised and set out to the Director of Public Prosecutions by the office of Michael Staines solicitors. 'What is to the fore, and of fundamental concern, is the legality, propriety and process which surrounded his arrival in Dublin last week,' Mr Callanan told the three-judge court. After a brief hearing of the court in central Dublin, during which Mr McGovern appeared by video link from Portlaoise Prison, he was further remanded in custody pending his next court appearance on June 18th. READ MORE Thursday's hearing was taking place a week after Ms Govern (39), a father of two, was extradited from the United Arab Emirates (UAE). He is charged in relation to the Kinahan-Hutch feud murder of Noel Kirwan (62), conspiracy to murder another man, directing a crime organisation and enhancing the capacity of a crime organisation. The murder charge he faces carries a mandatory sentence of life imprisonment, while the offence of directing a criminal organisation carries a sentence of up to a life term. At the accused's first court hearing last Thursday, Mr Callahan said his client was reserving his position in relation to the 'lawfulness of his arrest' and the jurisdiction of the Special Criminal Court. Mr McGovern is the first Irish person to be extradited from the UAE and the first alleged Kinahan cartel member arrested there. He had been in detention in the UAE since his arrest at his Dubai home last October on foot of an extradition request from the Irish authorities. The accused man arrived into Casement Aerodrome, Baldonnel, on an Air Corps Casa C295 plane last Thursday, May 29th, before being taken to the Courts of Criminal Justice for an evening sitting of the Special Criminal Court. He appeared before Ms Justice Karen O'Connor, Judge Elma Sheahan and Judge Gráinne Malone and was remanded in custody to Portlaoise Prison to today's date – Thursday, June 5th – when he appeared before the court again via video link from jail. Mr McGovern is charged with five alleged offences including the December 22nd, 2016, murder of Christopher 'Noel' Kirwan on St Ronan's Drive, Clondalkin. He is also charged with directing a criminal organisation between October 20th and December 22nd, 2016, and with enhancing the capacity of a criminal organisation between the same dates, all in relation to the Kirwan murder. Separately, he is charged with directing a criminal organisation between October 17th, 2015, and April 6th, 2017, in relation to the surveillance of Dubliner James Gately in preparation for the commission of indictable offence. He was further charged with facilitating a criminal organisation engaged in a conspiracy to murder Mr Gately between the same dates.

Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet
Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet

Washington Post

time6 days ago

  • General
  • Washington Post

Judge dismisses murder charges against Atlanta officer in 2019 shooting of unarmed man in closet

ATLANTA — A federal judge has thrown out murder charges against a former Atlanta police officer who shot and killed an unarmed man hiding in a closet. U.S. District Judge Michael Brown ruled Tuesday that Sung Kim, a 26-year veteran of the Atlanta police department, acted in self defense and shouldn't face charges in the 2019 killing of 21-year-old Jimmy Atchison.

Charges dismissed against ex-Michigan State Police sergeant in man's death
Charges dismissed against ex-Michigan State Police sergeant in man's death

CBS News

time29-05-2025

  • General
  • CBS News

Charges dismissed against ex-Michigan State Police sergeant in man's death

Charges against a former Michigan State Police detective sergeant have been dismissed in connection with the death of Samuel Sterling. Former Detective Sgt. Brian Keely, of Grand Rapids, was charged with second-degree murder or, alternatively, involuntary manslaughter for allegedly hitting Sterling with his vehicle during a police chase in April 2024. Sterling was taken to the hospital, where he died from his injuries. One month after the incident, Attorney General Dana Nessel announced the charges, saying they came after reviewing reports, bodycam footage and surveillance videos. However, on Wednesday, Chief Judge Hala Jarbou of the U.S. District Court for the Western District of Michigan ruled in the dismissal, citing the Supremacy Clause of the U.S. Constitution, according to a news release. According to the AG's office, the clause protects federal officers from state prosecution "so long as their actions were no more than were necessary and proper." Officials say the case was sent to federal court after Jarbou ruled that Keely was working as a federal officer on behalf of the U.S. Marshals at the time of the incident. Nessel argued that while Keely worked under a federal agency, he remained a state police officer. AG Nessel's full statement on case dismissal "My Department issued these charges based on the facts and evidence in this case. After a thorough review of the extensive evidence before a state district court, this case was bound over for trial based on a judge's finding of probable cause that Keely illegally ended the life of Samuel Sterling. I stand by our arguments in that court, as well as those before the federal judge, that Keely was not acting reasonably under the circumstances, nor as a federal officer in a manner consistent with federal immunity from state prosecution. "I am disappointed that the case's transfer to federal court ultimately resulted in its dismissal and am deeply concerned with the precedent it sets—that individuals deemed federal officers by federal authorities can commit lethal crimes against Michigan residents with impunity. Such a precedent is dangerous and fundamentally undermines the principles of justice and accountability our legal system is meant to uphold. Regrettably, the circumstances of the killing of Samuel Sterling were never presented to a jury. No one should be above the law, and my office remains committed to ensuring those who break it are held accountable. "I am grateful for the determined, persistent work of my team on this difficult case and my heart breaks for the loved ones left behind by Mr. Sterling and the community who mourns him. This outcome is nothing short of a miscarriage of justice and my Department is considering our next steps." Sterling's family filed a lawsuit in January 2025, claiming the incident highlights "systemic law enforcement failures." In a statement on Wednesday, attorney Ven Johnson, representing the family, said, "We are deeply disappointed by the court's decision to dismiss the criminal charges against Sgt. Brian Keely. It sends a troubling message that a police officer can run over an unarmed man and avoid facing a criminal jury. "Let me be clear: while this criminal case has been dismissed, our fight for civil justice is not. This only strengthens the resolve of my co-counsel, Ben Crump, and me to pursue every legal avenue in our civil case to hold Keely and all others involved accountable for the preventable death of Samuel Sterling. Samuel's family deserves answers and justice, and we will not stop until they get both." The video above previously aired on Jan. 24, 2025.

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