Nagy to return to court; Wilson sentenced

The fate of a Niagara Falls man convicted of second-degree murder in connection with the abduction and murder of a father of three is now in the hands of a local judge.

A jury in August found Tom Nagy guilty of second-degree murder in the death of Alex Fraser. He had been on trial for first-degree murder.

At a sentencing hearing in Superior Court of Justice in Welland on Friday, Crown attorney Tyler Schuster asked Judge Robert Reid to impose a sentence of life in prison without the possibility of parole for 16 years.

Defence counsel George Walker argued the Crown’s request “falls into the harsh and excessive range,” and asked the judge to consider a sentence of life in prison without the possibility of parole for 10 years.

Nagy will return to court Nov. 3 to learn his fate.

Fraser, 49, was abducted from Gonder’s Flats in Fort Erie on Boxing Day 2014. After being assaulted, his head was bound with duct tape and his wrists and ankles were tied and he was thrown from a railway bridge over the Welland River near Chippawa.

His body was found in March 2015, floating near the Sir Adam Beck Generating Station.

Court was told Nagy, 28, assisted Brad MacGarvie, a former MMA fighter, in the murder of Fraser just eight-and-a-half weeks after he was released from jail following a twoyear sentence on charges of assault causing bodily harm and possession of a restricted or prohibited weapon.

In a series of character letters submitted to court, Nagy was described as friendly and family-oriented who had “a soft spot for elderly neighbours.” One family friend referred to him as a follower, not a leader. As a teenager, the registered lifeguard came to the aid of a person in medical distress during a high school badminton game and administered CPR until paramedics arrived.

Meanwhile, Duran Wilson was sentenced to six years behind bars for his role in the crime. With credit given for the time he had spent in pretrial custody, the 32-year-old must serve an additional 22 months in jail.

Wilson, like Nagy, had stood trial for first-degree murder. A jury returned a verdict of guilty to the lesser offence of manslaughter. The Crown had been seeking a sentence of eight to 10 years behind bars.

Court heard he drove the group to Fort Erie and then back to Niagara Falls with Fraser in the back seat.

While he did not participate directly in the murder, the judge said, he did play a significant role in Fraser’s death.

“He chose to assist rather than resist,” Reid said.

“It is not acceptable to simply close one’s eyes and go along with others’ criminal activity.”

MacGarvie was convicted of firstdegree murder in August and received a mandatory life sentence without the possibility of parole for 25 years.

The 26-year-old took the stand in his own defence and told the jury he snapped after Fraser told him friends from Sarnia were coming to kill him and his family in retaliation for an earlier incident. He said he had no intention of killing Fraser.

While the Crown contends Fraser was tossed into the river while he was still alive, MacGarvie testified the man was dead before he hit the water.

He steadfastly maintained neither Nagy nor Wilson knew of his plans or participated in the assault on Fraser.

Victoria Harvey, now 23, was initially charged with first-degree murder in connection with the case. She pleaded guilty to manslaughter in February 2016 and received a four-year jail term. She testified against the three defendants.

Court heard Harvey worked as an escort and often called on Fraser, a driver at an illegal cab company, to take her to see clients.

She and her mother, who also worked as an escort, were with Nagy, Wilson and MacGarvie the night of the murder. alangley@postmedia.com @nfallslangley