THUNDER BAY - The trial of a Thunder Bay man accused of killing 60-year-old, George James Gerard, opened in a Thunder Bay Courtroom on Tuesday.
Nicholas Necan appeared in court with attorney’s Neil McCartney and Kate Brindley to answer to a charge of second-degree murder in the 2016 death of Gerard.
On the afternoon of Jan. 28, 2016, police were called to the Casablanca Apartment complex on North Simpson Street. In one of the units, police discovered a severely injured Gerard, who was transported to Thunder Bay Regional Health Sciences Centre where he was pronounced dead just after 4 p.m.
Necan, 37-years-old at the time, was arrested at the scene by Thunder Bay Police and later charged with second-degree murder.
Jury selection was completed on Monday and proceedings opened Tuesday morning with counsel for the crown, Gordon Fillmore and Sean Doherty, presenting their opening remarks to Justice Fregeau and the 12-person jury.
Fillmore opened by detailing the witnesses he intends to call throughout the course of the trial, which will include investigating officers with the Thunder Bay Police Service, forensic and pathology experts, as well as a series of civilian witnesses who were in the apartment building at the time of the alleged murder.
According to Fillmore, witnesses called to testify will detail that Necan was in the apartment complex that morning after staying in a first-floor unit with his ex-common law partner.
Fillmore continued that witnesses will testify that Necan left and purchased alcohol and returned to a different unit in the building. A commotion was heard coming from Gerard’s unit and Necan was seen in the apartment holding a wooden board and standing over Gerard’s body.
In an agreed statement of facts presented before the court, it was determined that Necan was in the Casablanca Apartment complex on Jan. 28, that he purchased alcohol on that date, the incident occurred in Gerard’s apartment, and that he was pronounced dead at 4:04 p.m. on Jan. 28.
The first witnessed called by the Crown was Thunder Bay Police Const. Jesse Lepere, a forensic investigator who took photographs of Necan after being brought into the Balmoral Police Headquarters, as well as photographs of Gerard’s apartment.
Photographs presented in court showed what appeared to be blood-like staining on Necan’s hands and clothing. In Gerard’s apartment, the living room was in disarray, with broken furniture and debris. Lepere also indicated several areas of blood-like staining, including several large stains on the walls, a table, and several pieces of wood strewn about the unit.
Lepere’s testimony is expected to continue Tuesday afternoon. Necan entered a plea of not guilty to the second-degree murder charge on Monday before the jury.
