THUNDER BAY - Lawyers representing Brayden Bushby will file a motion in Superior Court to challenge the judge’s ruling in the preliminary hearing that committed Bushby to stand trial on the charge of second-degree murder for his alleged role in the 2017 death of 34-year-old Barbara Kentner.
Defence attorneys George Joseph and Ryan Green appeared in a Thunder Bay courtroom on Monday to set a date for a judicial pre-trial.
In January, Justice Frank Valente ruled there was enough evidence to proceed to trial on the charge of second-degree murder against Bushby following a five-day preliminary hearing held last September.
The motion will argue that Justice Valente erred in his ruling in committing Bushby to stand trial on the second-degree murder charge.
The charge stems from an incident on the night of Jan. 28, 2017 during which Bushby is alleged to have thrown a metal trailer hitch from a vehicle that struck Kentner in the abdomen while walking in the Cameron Street area.
Kentner later died in hospital in July 2017 and the original charge of aggravated assault was upgraded to second-degree murder after being reviewed by Crown attorney Andrew Sadler and Thunder Bay Police with the help of the Regional Coroner’s Office.
The judicial pre-trial to be held in early March.
Bushby was released on bail last November. There is a publication ban relating to all evidence in this case.
