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2013-12-18 at 17:10

Rae given time served for criminal negligence causing death in 2011 incident

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A Thunder Bay man charged with murder two years ago walked out of the Superior Court of Justice a free man Wednesday.

Kyle Rae, 24, was arrested after an incident in October 2011 at a townhouse off Limbrick Street.  His friend, 21-year-old Jimmy Monias, was punched during a drunken altercation and fell down a flight of stairs.

He suffered a serious head injury, and later died in hospital. 

Rae was charged with second-degree murder, and his case was scheduled to go to trial in May of next year. 

But two weeks ago he pleaded guilty to the lesser charge of criminal negligence causing death. 

On Wednesday Justice Doug Shaw agreed with a joint submission from the Crown and defense attorneys that asked for Rae to be released based on time already served. 

He's spent more than two years in custody. His lawyer says that length of incarceration is within the acceptable range for criminal negligence causing death.

Rae was also sentenced to three years probation.  He's planning to live at a relative's home in a First Nations community near Fort Frances until a space opens up for him at the John Howard Society in Thunder Bay.

Monias and Rae are from Sandy Lake First Nation. Representatives from Sandy Lake asked the court to not allow Rae to go back to his home community until he's completed rehabilitation programs. 

The judge allowed for a three-month ban, to give the Sandy Lake Chief and council enough time to enact their own banishment order if they choose to do so.

(Thunder Bay Television)

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