Pre­lim­i­nary set

Hal­i­fax man fac­ing mur­der charge in six-year-old cold case

Cape Breton Post - - NEWS - BY MICHAEL MAC­DON­ALD

A Hal­i­fax man ac­cused of first-de­gree mur­der in a sixyear-old cold case is ex­pected to re­turn to court in Septem­ber to set dates for a pre­lim­i­nary hear­ing.

Jimmy Melvin Jr. did not ap­pear dur­ing a brief hear­ing Mon­day in a Hal­i­fax pro­vin­cial court­room.

Melvin was ar­rested dur­ing a traf­fic stop in Bed­ford on Satur­day evening.

Po­lice are ac­cus­ing Melvin of fa­tally shoot­ing Terry Mar­riott Jr. in Fe­bru­ary 2009.

Melvin has a lengthy crim­i­nal record, as did Mar­riott.

De­fence lawyer Pat MacEwen said his client is up­set about the charges and the length of time it took for po­lice to act.

“Com­mon sense in­di­cates that mem­o­ries fade with the pas­sage of time,” MacEwen said out­side the court­room.

“Mr. Melvin is up­set that he’s ... been ac­cused of this. He main­tains that he’s not guilty of this. We’ll be fight­ing this all the way through the court sys­tem.”

MacEwen said he had re­ceived very lit­tle dis­clo­sure from the Crown so far.

“I’ve got about 10 pages of in­for­ma­tion,” he said out­side court. “I ex­pect there will be a con­sid­er­able amount of dis­clo­sure on its way.”

Po­lice have also laid an at­tempted mur­der charge against Melvin in an al­leged in­ci­dent in De­cem­ber 2008 in­volv­ing Mar­riott, which they say was not re­ported at the time.

Out­side the court­room, Crown at­tor­ney Rick Wood­burn said Melvin would also be charged with con­spir­acy to com­mit mur­der in the 2008 case, say­ing po­lice had in­tended to lay the charge ear­lier but there was an over­sight.

Melvin is also fac­ing drug charges af­ter a search of the ve­hi­cle he was ar­rested in al­legedly turned up sev­eral hard drugs and para­pher­na­lia, po­lice said Mon­day.

The ac­cused, who was in the down­town court­house but did not ap­pear in the court­room Mon­day, was later re­turned to cus­tody at the Cen­tral Nova Sco­tia Cor­rec­tional Fa­cil­ity in the Hal­i­fax area.

Wood­burn says Melvin has the op­tion of ap­ply­ing for bail in Nova Sco­tia Supreme Court on the mur­der charge, but the lawyer said the Crown would op­pose such a move.

He wouldn’t com­ment on the na­ture of the con­spir­acy charge.

When asked about the length of the six-year po­lice in­ves­ti­ga­tion, Wood­burn said: “Po­lice did an ex­cel­lent job bring­ing this be­fore the courts.”

Melvin is fac­ing up to three sep­a­rate tri­als: one to deal with the mur­der charge; another for the at­tempted mur­der and con­spir­acy charges; and a third for the drug charges, Wood­burn said.

CP PHOTO

Jimmy Melvin Jr. is es­corted from Nova Sco­tia pro­vin­cial court in Hal­i­fax on Mon­day. Melvin faces first- de­gree mur­der charges re­lated to the 2009 shoot­ing death of Terry Mar­riott Jr.

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