THUNDER BAY – Lawyers for murder suspect Adam Capay have filed an application to the court, requesting a stay of the proceedings.
The lawyers say his four-and-a-half years spent in a segregated prison cell, along with the time he’s waited for his case to go to trial are both grounds for his release.
The 24-year-old was charged with first degree murder in connection with the death of 35-year-old Sherman Quisses during an altercation at the Thunder Bay Correctional Centre in 2012.
Capay was moved to the District Jail and was mainly kept in a Plexiglass cell with the lights on 24-hours a day because he was considered a threat to himself and other prisoners.
His lawyers say his lengthy stay in segregation was cruel and unusual and violated his rights.
They filed notice this week asking the court for a stay in the case.
If granted, the murder charge would be dropped, but it could be re-applied within a year under certain circumstances.
The application is expected to be heard sometime in March.
(TBT News)
