THUNDER BAY - The Crown will not appeal a judge’s decision to stay the first-degree murder charge against Adam Capay, who spent more than 1,600 days in solitary confinement.
A spokesperson with the Ministry of the Attorney General said the Crown reached the decision not to appeal after a thorough review of Justice John Fregeau’s ruling.
Capay, 26, was charged with first-degree murder for his role in the stabbing death of fellow inmate, Sherman Quisses, at the Thunder Bay Correctional Centre in June 2012.
Counsel for Capay requested the charge be stayed, citing his rights under the Charter of Rights and Freedom were violated after spending 1,647 days in solitary confinement at the Thunder Bay District Jail and the Kenora District Jail.
During his time in solitary confinement, Capay was kept in isolation in a Plexiglas cell for 23-hours a day, with lights on constantly, because he was deemed a threat to himself and other inmates.
In a Thunder Bay Courtroom in January, Justice Fregeau agreed that Capay’s rights had been violated and ordered a stay of the first-degree murder charge and Capay was ordered released.
