THUNDER BAY – Nicholas Necan, who was convicted of second-degree murder for the death of 60-year-old George Gerard, will learn in April how long he is to remain in custody before applying for parole.
A sentencing hearing has been scheduled for Apr. 9, where Justice Fregeau will determine when Necan will be eligible for parole. A second-degree murder conviction carries with it an automatic life sentence of 25 years, with parole eligibility as early as 10 years.
Necan was found guilty by a jury on Feb. 16 following a seven day trial in a Thunder Bay Courtroom. The court heard that on the afternoon of Jan. 28, 2016, Necan was seen in Gerard’s room at the Casablanca apartment complex violently assaulting him with a piece of wood.
During his testimony, Necan said he had been consuming alcohol that day and had no memory of the assault and only recalls waking up in police custody and being told of the charges.
Throughout the trial, Necan's attorney, Neil McCartney, argued his client did not intend to take the life of Gerard because he was too intoxicated at the time and urged the jury to convict Necan of manslaughter.
The jury agreed with the case presented by counsel for the Crown, Gordon Fillmore and Sean Doherty, which relied on forensic evidence and several eye-witness accounts of the incident from responding Thunder Bay Police Service officers and residents in the building.
Necan remains in custody.
