THUNDER BAY – A judge has ruled there is sufficient evidence to commit the man accused in the 2021 death of 16-year-old Kody Furioso to stand trial on the charge of second-degree murder.
Dustin Moffatt, 32, appeared before Justice Danalyn MacKinnon in Thunder Bay for a preliminary hearing that opened on Monday.
The preliminary hearing, part of the judicial process to determine if there is enough evidence to commit an accused to stand trial, concluded on Thursday. There is a publication ban on all evidence presented during a preliminary hearing.
Justice MacKinnon ruled the evidence presented during the preliminary hearing was sufficient to commit Moffatt to stand trial on charges of second-degree murder, aggravated assault, and breach of probation.
The charges date back to the early morning hours of June 29, 2021 when officers with the Thunder Bay Police Service received reports of a disturbance in the area of Gore Street and James Street south near the CN overpass just after 12:30 a.m.
Officers learned an altercation had taken place between an adult male and two teenage males. A 16-year-old male and 17-year-old male were located with injuries and transported to hospital.
The 16-year-old male, later identified as Kody Furioso, died as a result of his injuries. The 17-year-old male suffered serious injuries, but was later released from hospital.
Police located Moffatt in the area later that morning and placed him under arrest on an unrelated outstanding warrant. Further investigation revealed Moffatt was the adult male involved in the altercation with the two teens and was subsequently charged with second-degree murder, aggravated assault, and breach of probation.
The tightly-knit Westfort neighbourhood was left shaken by Kody’s death and there was an outpouring of grief and support for his family. Residents in the area held a vigil several days later for the two teens and all victims of violence in the city.
Moffatt was previously charged with assault from a separate incident in July 2020 at Waverly Park, in which a man was found unconscious. Police also identified Moffatt as a suspect in an armed robbery on the city’s north side in May of that year.
Moffatt will appear in court next week. Trial dates are expected to be set later this year.