THUNDER BAY – Two Crown witnesses in the second-degree murder trial for Patrick O’Keese testified about seeing what looked like blood on his clothing the night of Aug. 5, 2017, while investigators also detailed the collection of forensic evidence from the scene.
Testimony continued at the trial for O’Keese, who is facing a charge of second-degree murder for his alleged role in the 2017 death of 18-year-old Brayden Moonias, whose body was found on a beach near the Marina Park overpass and McVicar Creek.
On Tuesday. Det. Const. Jeffrey Tackney with the Thunder Bay Police Service Forensic Identification Unit testified about attending the scene shortly after Moonias was located on the morning of Aug. 6, 2017 to gather forensic evidence and photograph the scene.
According to Tackney’s testimony, when he arrived, Moonias was found laying in the sand and appeared to have injuries to his head and face. Empty alcohol containers and drug paraphernalia was also found on the beach.
Tackney said 16 items were seized from the scene, though no items came back with any relevant forensic evidence.
During the post-mortem examination, forensic evidence was taken from Moonias’ body, including finger nail clippings. According to analysis by the Centre for Forensic Sciences, two DNA samples were found, with one belonging to Moonias and another that O’Keese could not be excluded from as the source of the DNA.
A warrant was executed to search O’Keese’s residence at the John Howard Society where several items of clothing were seized for analysis.
During cross examination, defense counsel Sherry Abotossaway, asked Tackney if the beach scene could have been contaminated before the arrival of police.
“It’s an outdoor beach scene,” Tackney said. “It’s hard to say what could be a contamination. It doesn’t look like (Moonias) had been moved around.”
Abotossaway also asked if Tackney observed footwear impressions on the beach, including around Moonias’ head. Tackney said there were impressions, but they may have been from first responders attending the scene.
“Why weren’t foot impressions around victim’s head not investigated?” Abotossaway asked.
“At the time I would have been there, I would look at the scene like this: there are obviously marks in the sand, there are no doubts about that, but the picture does not reflect that there is any kind of quality to them,” Tackney said, adding that any footprint would have to be very fresh because the sand was crumbling quickly in the sun and that footwear impressions on any scene are rarely used or taken because of a lack of quality.
On Wednesday, two acquaintances of both Moonias and O’Keese testified to seeing them on Aug. 5 at their shared Machar Avenue apartment residence.
Skyler Linklater, who lived in the top floor unit, testified he had known O’Keese through the downstairs resident, Brandon Yesno. O’Keese would sometimes visit the house but usually always left in the early evening to make curfew at the John Howard Society.
Linklater also knew Moonias and played video games with him and Yesno.
According to Linklater’s testimony, on the night of Aug. 5, O’Keese arrived at the residence after 11 p.m. and asked him to come outside for a smoke. During that time, Linklater described O’Keese as frantic, edgy, and not himself.
“You know when you get scared, you talk fast, you mumble, that’s how he was,” Linklater said.
Initially O’Keese said to leave the light off, but after a porch light was turned on by Yesno, Linklater said he saw what looked like blood on the collar area of O’Keese’s shirt and blood splatter on his face.
Linklater testified that when asked what he did that day, O’Keese kept repeating: ‘shut the fuck up,’ and also said ‘I fucked up.’
Brandon Yesno also testified on Wednesday. He said he had been close friends with Moonias since public school and has known O’Keese, who is a cousin, all his life.
Yesno said O’Keese and Moonias would often come to the house to hang out. Moonias had spent the night on Aug. 4 and part of the day there on Aug. 5. He then asked if he could withdraw some money from Yesno’s account to purchase alcohol at the LCBO on Cumberland Street.
After Moonias returned in the late afternoon, he and O’Keese left the Machar Avenue residence to purchase alcohol and go out drinking, though did not say where. Yesno said that is the last time he saw Moonias.
Yesno testified that O’Keese arrived back at the Machar Avenue residence at approximately midnight. He described him as intoxicated and ‘close to blacking out.’ O’Keese asked to stay in the backroom, which Yesno agreed to since he knew O’Keese had missed his curfew.
Though unable to hear Linklater and O’Keese talking on the front steps because he was still inside, Yesno said he did hear O’Keese angrily say ‘shut the fuck up.’ Yesno also said he noticed blood on O’Keese’s shirt and said he looked like he had been in a fight because one side of his face was slightly red and puffy.
“I asked him what happened because it looked like he was in a fight that day, but he didn’t answer me that night,” Yesno said.
After O’Keese went back outside for another smoke, Yesno said he noticed that he was wearing a different shirt when he returned.
Yesno further testified that when he woke up the next morning the house was empty. Two days later, he received a message from O’Keese at 3 a.m. asking him to meet him at 6 a.m. somewhere to show him something. Yesno said he replied that it was a weird request and did not receive any response from O’Keese after that.
Testimony will continue on Thursday with the Crown expected to call two witnesses.
