THUNDER BAY - The case manager for the homicide investigation into the 2019 death of Lee Chiodo was pressed by the defense counsel of David Hui and Musab Saboon on what evidence, aside from the testimony of Marshall Hardy-Fox, actually links the two accused to the murder scene on Mission Island.
Sgt. Shawn Whipple of the Thunder Bay Police Service was called to testify by the defense on day seven of the trial against Hui and Saboon on charges of first-degree murder and kidnapping for their alleged role in the death of 40-year-old Chiodo, whose body was found near 108th Avenue on Mission Island on Feb. 24, 2019.
Both Saboon and Hui have pleaded not guilty to the charges.
Whipple was the case manager in the Chiodo homicide investigation and the only witness called by the defense to testify.
George Joseph, who is representing Hui, questioned Whipple about the types of evidence that are most common and beneficial in homicide investigations, such as video evidence, DNA evidence, digital evidence, and statements from the accused.
Whipple was asked if he agreed that there was no direct video evidence that linked Saboon or Hui to Mission Island.
While Whipple agreed that there was no definitive evidence, he did refer to footage from a camera near the former Ontario Power Generation site that showed a vehicle arriving at the area where the homicide took place not long after Chiodo was seen on video surveillance at a Memorial Avenue bowling alley being confronted by someone who matched the description of Saboon.
When asked if either of the accused made any statements to police to link them to what happened on Mission Island, Whipple said there were statements leading up to what happened, but not related to Mission Island.
Whipple also agreed that there was no DNA evidence to link the accused to Chiodo, along with no physical injuries to either Saboon or Hui, no GPS tracking in the vehicle allegedly used, no fingerprints of the accused found, and no gunshot residue, though he clarified that residue has a short lifespan and the accused were arrested several days after the incident.
“We have none of the evidence you are speaking of,” Whipple said. “We have the relation of the [bowling alley] evidence of [Chiodo] being forced into a car and a vehicle arriving at Mission Marsh in a period of time that would be reasonable in that time frame and nothing further that night. So that vehicle would have had to contain what happened.”
Joseph prefaced his questions by referring to the testimony of Marshall Hardy-Fox, who testified on behalf of the Crown that he was driving the vehicle that took Saboon, Hui, and Chiodo to Mission Island where Chiodo was killed. He also testified that he heard Saboon and Hui discussing what to do with Chiodo and Hui saying: ‘I’ll do it.’
Hardy-Fox has since pleaded guilty to kidnapping and accessory after the fact to murder and will be sentenced later this year.
Chiodo died as a result of a gunshot wound to the back of the head. The firearm used was never recovered.
“But for the evidence of Hardy-Fox you have no evidence that either of these individuals used a gun?” Joseph asked.
“We know somebody did,” Whipple responded.
“No question about that, but for the evidence of Hardy-Fox you have no evidence of the identity of the shooter?” Joseph asked.
“No,” Whipple said.
During cross-examination by Crown attorney, Rob Kozak, Whipple was asked if there was evidence of what happened to Chiodo on Mission Island independent of what was said by Hardy-Fox.
“There was the gun shell and the projectile were found there, as well as Lee Chiodo’s body,” Whipple said. “He was killed at Mission Island with a single shot to the head.”
Kozak went on to say that what happened to Chiodo was not the result of suicide or an accident, to which Whipple said it was not.
Both Joseph and Brennan Smart, who is representing Saboon, also questioned Whipple about Hardy-Fox’s state after he turned himself in and was questioned by police on March 3, 2019.
Hardy-Fox said during cross-examination that he was intoxicated when speaking to police because he consumed four to five beers before turning himself in.
Whipple was asked if the arresting officer is trained to determine the sobriety of the accused. Whipple said that is true and the documentation of the arrest does not indicate any level of intoxication on the part of Hardy-Fox after turning himself in to police.
The defense informed the court that it is not calling anymore evidence.
Closing submissions from the Crown and defense are expected to begin Wednesday morning.
