THUNDER BAY -- Adam Leon will have another day in court as his special plea was dismissed Tuesday.
A Confederation College aviation student at the time, Leon made international headlines in 2009 when he stole a plane from the school’s aviation program near Thunder Bay International Airport and flew into U.S. airspace before coming down in Missouri.
He was convicted in the U.S. and sentenced to two years in prison for illegally entering that country and interstate transportation of a stolen aircraft.
Leon has been charged with theft over $5,000 in Canada but made a special plea of autrefois convict, which is similar to double jeopardy.
In her decision Tuesday, Judge Joyce Pelletier said the charges are not the same.
“The American offenses could only be committed in the United States,” she said referring to the charges of illegal entry and transportation of stolen goods.
“Theft in Canada is a different charge of a different nature.”
While he couldn’t comment on the specific case, Leon’s attorney Neil McCartney said the judge could still consider time served in the U.S. if his client were to be found guilty.
Leon has not entered a plea.
His next court date is Dec. 21.