THUNDER BAY - The Crown has withdrawn a charge of manslaughter against Armand George Cummings in connection to the 2016 death of Manny Spence, saying there was no reasonable prospect of conviction based on the evidence.
The trial against Cummings, 43, was set to open on Monday in a Thunder Bay Courtroom, but Crown Prosecutor, Trevor Jukes, informed Justice Tracey Nieckarz that he was withdrawing the charge.
“The Crown is withdrawing the charge because at this time there is no reasonable prospect for conviction,” Jukes said. “While I was preparing for this trial over the last few weeks and assessing the evidence, it became my opinion that the Crown no longer has a reasonable possibility of conviction.”
Cummings was first charged with manslaughter in connection to the 2016 death of 35-year-old Manny Spence.
Spence’s body was found on Sept. 15, 2016 in a compound adjacent to Court Street and Wilson Street. Cummings was later arrested by Thunder Bay police officers.
A preliminary hearing was held last February and after hearing from 15 witnesses, Justice Frank Valente ruled there was sufficient evidence to move the case forward.
George Joseph, who was representing Cummings, said it was a courageous decision on the part of the Crown to withdraw the charge, and the right decision.
“There was paucity of evidence against Mr. Cummings,” Joseph said outside the courtroom. “In fact, it is even questionable whether the victim, Manny Spence, died as a result of some unlawful act. In other words, the forensic pathology report indicated four different causes of death and ultimately could not tell anybody how he passed away.”
Joseph added that Cummings is happy to have the charge withdrawn but frustrated that the process took this long.
Cummings is still facing an aggravated assault charge from a separate incident that took place on West Arthur Street in October 2018 and he remains in custody on that charge.
