THUNDER BAY - Several witnesses at a local bowling alley where Lee Chiodo was last seen on the night of Feb. 23, 2019 provided more details about his state and a confrontation with an individual believed to be one of the accused in his murder.
On day four of trial against David Hui and Musab Saboon on charges of first-degree murder and kidnapping for their alleged role in Chiodo’s death, the Crown called to testify three employees and a patron of the bowling alley on Memorial Avenue who were present on Feb. 23, 2019.
The testimony focused on a brief incident captured on video surveillance that showed Chiodo running past the front counter of the bowling alley and then being confronted by an individual matching the description of Saboon before following him outside.
In an interview with police after being detained, Saboon said he and Hui were in Kitchener, Ont. the night of Feb. 23, 2019, though when Hui was interviewed by police after being arrested, he admitted he and Saboon were at the bowling alley that night.
Daisy, an employee the bowling alley at the time, testified that she saw an individual, identified on the surveillance video as Chiodo, running past her cash register toward an emergency exit.
She described him as acting a little ‘weird’ and thought maybe he had had too much to drink. She added that she kept an eye on him because she didn’t want him to exit through the emergency door because it would trigger an alarm.
She continued that a second individual, seen on the surveillance video wearing a grey sweat suit and matching the description of Saboon, entered and confronted Chiodo.
“It was heated and there were some curse words being used,” she said. “I professionally asked them to leave the building because there were other customers nearby who could be upset by such language and followed them out of the building.”
According to her testimony, the second individual was saying things like: ‘it’s time to go,’ and ‘let’s leave.’
“I had assumed the first gentleman was a customer who had one too many drinks,” she said. “I assumed maybe it was his designated driver trying to get him to exit and go home. I didn’t assume it was anything dangerous or too out of the ordinary. It was typical for customers who had consumed alcohol.”
During cross-examination by George Joseph, who is representing Hui, she was asked if she heard any threats of violence said by one individual to another, and she replied that she had not.
Megan, another employee at the bowling alley at the time, testified that she was outside for a break during the incident captured on video surveillance.
She recalled seeing two individuals walking through the parking lot at a quick pace and going around each side of the building. One, matching the description of Saboon, then came back and went inside.
A short time later, she said she saw that same individual and Chiodo leaving the bowling alley, and him asking Chiodo where he’s been and that he has been trying to get a hold of him.
They then got into the back of the car and the second individual first seen walking through the parking lot earlier returning to the car and getting into the driver seat.
In a videotaped interview between Hui and police presented to the court on Wednesday, Hui said an individual named Marshall was driving the car. Marshall Hardy-Fox was initially charged with first-degree murder and kidnapping but has since pleaded guilty to accessory after the fact to murder and kidnapping.
A third employee of the bowling alley, Brandon, testified that he also saw the individual on the surveillance video identified as Chiodo moving toward an emergency exit and he advised him not to open it so as not to set off the alarm.
He added that another employee said Chiodo was hiding near the kitchen area but came out and started walking toward the main counter when another individual seen on the video surveillance matching the description of Saboon entered.
He described Chiodo as edgy and he described the interaction between him as the individual as ‘being scolded by a friend.’
However, he did ask them to leave because he feared it could end up turning into a fight.
“It was just the fact that they were at the front of the desk saying: ‘hey, what are you doing?’” he testified. “I didn’t know what was going on, but if a guy was running to the door and then the other comes in. It didn’t seem like they were going to shake hands. It seemed tense.”
During cross-examination, Joseph asked him if the interaction between the two individuals caused him to have concern for anyone’s safety.
“It seemed that it was tense,” he replied. “It was one of those things that if it was going to be some kind of safety issue it would be those two scuffling with each other.”
He added that he did not see any weapons nor hear any threats.
The final witness from the bowling alley, a customer Christopher, testified that he saw the individual believed to be Chiodo running and then the confrontation with the second individual matching the description of Saboon.
“I thought maybe there was a fight going to happen,” he said. “I was just kind of there to see what it was all about.”
He added that the second individual said several things to Chiodo, such as: ‘what are you doing here?,’ ‘let’s go,’ and ‘you’re being a child.’
“He seemed frustrated with him,” he said. “Almost angry.”
An agreed statement of facts was also entered into the court record from Det. Const. Dan Bartal of the Thunder Bay Police Service, which detailed drugs found in the seized vehicle Saboon was driving when he was first detained.
The drugs were found in a hidden compartment in the trunk and included oxycodone pills, cocaine, and fentanyl with an estimated street value of $21,810.
Charges under the controlled substances act against Hui and Saboon were stayed in July 2021.
Marshall Hardy-Fox is expected to testify on Friday.
Both Hui and Saboon have pleaded not guilty to the charges before the court.
