THUNDER BAY - Marshall Hardy-Fox, who has already pleaded guilty to accessory after the fact to murder and kidnapping in the 2019 death of 40-year-old Lee Chiodo, will be sentenced early next month.
A sentencing date has been set for May 10, nearly a year after Hardy-Fox pleaded guilty to the charges in June 2021.
Hardy-Fox turned himself in to police on March 3, 2019 and was initially charged with first-degree murder and kidnapping in connection to Chiodo’s death.
Chiodo’s body was found near 108th Avenue on Feb. 24, 2019. It was determined he died as a result of a gunshot wound to the back of the head.
David Hui and Musab Saboon were also charged with first-degree murder and kidnapping and pleaded not guilty to the charges at the start of a trial that opened on Feb. 28, 2022.
During the trial, Hardy-Fox was a key witness for the Crown and he testified that he drove Hui and Saboon to a Memorial Avenue bowling alley where Chiodo was confronted and picked up. He then drove the three to the Mission Marsh area and parked at a dead end near 108thAvenue.
It was then Hardy-Fox said said he heard Saboon and Hui discussing what to do with Chiodo before Hui saying ‘I’ll do it,’ followed by a gunshot.
Hui and Saboon were recently found guilty on the charges of first-degree murder and kidnapping, with Justice Danial Newton saying in his ruling that Hardy-Fox’s testimony was truthful and supported by other evidence presented in the trial.
A contested sentencing hearing was held in February 2022, with Crown attorney Andrew Sadler calling for a custodial sentence of six to eight years, with 284 days enhanced to 426 days or 14 months to be credited.
Defense counsel Michael Hargadon asked the court to sentence Hardy-Fox to three years probation with credit of 14 months and two days of pre-sentence custody and six months and 20 days credit for bail conditions, for a total of 20 months and 22 days credit.
A pre-sentence report and a Gladue report have been ordered for Hardy-Fox. He was released on bail in December 2019.
