THUNDER BAY — The man accused of a random attack that resulted in the death of 16-year-old Kody Furioso and sent a second teen to hospital has been released on bail.
A bail review hearing was held this week for 32-year-old Dustin Moffatt before Superior Court Justice Tracey Nieckarz. Moffatt is facing charges of second-degree murder, aggravated assault, and breach of probation.
In February 2022, a judge denied Moffatt’s bail and he was ordered to remain in custody. A bail review hearing was later ordered following an application submitted by Moffatt’s defense counsel.
On Thursday, Nieckarz granted Moffatt’s release under house arrest conditions, including being in the presence of his sureties at all times and electronic monitoring while residing with his sureties in Southern Ontario. The total bail pledged by the sureties and Moffatt is $30,000 with no deposit.
There is a publication ban on all evidence and reasons given during the bail hearing.
Moffatt has been in custody since his arrest on June 29, 2021 following an incident on the city’s south side earlier that morning.
At approximately 12:30 a.m., 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.
Officers responding to the area learned an altercation had taken place between an adult male and two teenage males.
The responding officers located a 16-year-old male and 17-year-old male with injuries and they were transported to the Thunder Bay Regional Health Sciences Centre.
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.
Moffatt was located several hours later in the area and arrested on an unrelated warrant. Following further investigation, he was also charged with second-degree murder in connection to the attack on the two teens.
In the days after the incident, a vigil was held for Furioso and the second injured teen, as well as all victims of violence in the city of Thunder Bay.
A preliminary hearing was held in November 2022 with the presiding judge ruling there was enough evidence to commit Moffatt to stand trial on the charges.
Trial dates have not yet been set.
The charges have yet to be tested in court.
