THUNDER BAY - Adam Capay will learn early next year if he is to stand trial for the alleged murder of a fellow inmate in 2012.
Justice John Fregeau is expected to deliver a decision as to whether a first-degree murder charge against Capay will be stayed or if he will stand trial for his alleged involvement in the stabbing death of 35-year-old Sherman Quisses during an altercation at the Thunder Bay Correctional Centre in June 2012.
The case was heard by Justice Fregeau last spring after counsel for Capay requested a stay of the first-degree murder charge, arguing his rights were violated under the Charter of Rights and Freedom.
Capay garnered national attention when it was made public that he was left in solitary confinement for up to 23 hours a day for more than four years at the Thunder Bay District Jail.
During his time in solitary confinement, Capay was kept in a Plexiglass cell with the lights on 24-hours a day because he was considered a threat to himself and other prisoners.
Capay underwent a second psychiatric assessment in November 2016 but the findings of that assessment are subject to a publication ban.
Justice Fregeau’s decision will be delivered in a Thunder Bay Courtroom on Jan. 28, 2019. Crown attorney, Andrew Sadler, also informed the court that if the decision to stay the charge is not granted, he has been working with counsel to determine pre-trial and trial dates, which could take place at the end of May.
Capay remains in custody and counsel requested he appear in person for the judge’s decision in January.
