Accused wants to withdraw guilty pleas
A North Preston man is seeking to withdraw guilty pleas he entered almost six months ago in connection with a home-invasion robbery in the community.
Tyqwan Jacardo Downey, 24, pleaded guilty in Dartmouth provincial court in January to three charges from the May 2020 incident – aggravated assault, break and enter to commit an indictable offence, and fleeing from police in a motor vehicle.
The guilty pleas came as Downey was scheduled to go to trial on a total of 13 charges, including attempted murder, robbery and several firearm-related charges.
Downey was supposed to be sentenced Monday, but his new lawyer, Gina Igbokwe of Toronto, informed the court he wants to strike his guilty pleas.
Igbokwe did not get into details of why Downey believes it would be appropriate for the guilty pleas to be withdrawn.
The Crown was opposed to the request, so a hearing will have to be held on the matter.
Judge Michael Sherar will hear the application in November.
Prosecutor Rob Fetterly told the court the Crown plans to call evidence from Downey’s previous lawyer, Trevor Mcguigan, about written instructions he received from his client concerning the guilty pleas.
Sherar, before accepting the pleas Jan. 29, also got Downey to confirm he realized he was giving up his right to a trial, was doing so voluntarily and was aware the judge would have the final say on his eventual sentence.
RCMP responded to a home on Ernie Lane in North Preston on May 8, 2020, at about 3:30 a.m.
A man armed with a handgun had forced his way into the home and demanded money from the victim, a 54-year-old man. A struggle ensued and the victim was pistol-whipped and stabbed with a knife.
The suspect fled before police arrived. The victim was transported to hospital with serious but non-life-threatening injuries.
RCMP obtained a provincewide warrant for Downey’s arrest. He was taken into custody May 18, 2020, and has remained behind bars.
In July 2018, Downey was charged with a variety of firearm-related offences, including recklessly discharging a .22-calibre semi-automatic handgun, in connection with a shooting in north-end Dartmouth the month before. No injuries were reported but two vehicles were hit by gunfire.
The charges against Downey were dropped in 2019 after the alleged victim refused to testify at a preliminary inquiry.