New trial ordered for killing of innocent bystander James Bajkor

The father of a 21-year-old man who was shot and killed five years ago says going through a second trial of the men accused of murdering his son will “open old wounds and pour salt in them.”

The Court of Appeal for Ontario says Superior Court Justice Jane Milanetti erred in her charge to the jury.

The Appeal Court has called for a new trial of Christopher Newton and Shaquille Collins, convicted of murder and attempted murder in June, 2014.

The convictions stemmed from the death of James Bajkor — who was an innocent bystander shot by a Colt .45 pistol outside his Milton Avenue home in Hamilton on Victoria Day 2012 — and the shooting of Justin Beals, 34, who survived.

The Appeal Court said the judge’s charge was “unhelpful and confusing,” and that she “failed to charge the jury on the material evidence they should consider on each of the issues they had to resolve. Instead, she simply recited the evidence from her notes, witness by witness.”

James’ father Joe Bajkor told The Spectator “We’re not going through this again,” adding that neither he nor his wife, Sharon O’Hearon, plan to attend the trial.

“I don’t want to have anything to do with this. I don’t need to have this all brought up again,” he said.

The shooting happened after a fight between Collins and Beals earlier in the day, court heard.

Later Collins, Newton and another person took a taxi to Milton Avenue.

According to the appeal documents, Collins “went down an alley beside the building and fired five shots. One shot struck Beals; although he was badly wounded he survived. Another shot struck the building’s landlord James Bajkor, an innocent bystander, who was roofing his shed. Bajkor was killed; he was only 21 years old.”

After a five-week trial before a judge and jury, Collins was found guilty of first-degree murder and attempted murder. With the murder conviction, he was sentenced to mandatory life imprisonment without eligibility for parole for 25 years. On his attempted murder conviction, he was sentenced to 20 years in custody (less time for pretrial detention) to be served concurrently.

Newton was found guilty of second-degree murder and attempted murder. On his murder conviction he was sentenced to mandatory life imprisonment and the trial judge fixed the period of parole ineligibility at 15 years. With his attempted murder conviction Newton was sentenced to 12 years in custody to be served concurrently.

Newton was 30, and Collins, 21 at the time of their trial.

Justice John Laskin, in the appeal decision, wrote that the problematic charge “deprived both Collins and Newton of a fair trial. I would allow their appeals, set aside their convictions, and order a new trial.”