MacGarvie convicted of first-degree murder
Nagy, Wilson found guilty on lesser offences in death of Alex Fraser
A jury has convicted Brad MacGarvie of first-degree murder in the killing of Alex Fraser.
MacGarvie, 26, of Niagara Falls, faces a mandatory life sentence and won’t be eligible for parole for 25 years.
The jury, which returned its verdict at 8 p.m. Friday after 11 hours of deliberations, also convicted two of his accomplices, Tom Nagy and Duran Wilson.
They were also on trial for firstdegree murder.
Nagy, 26, of Niagara Falls was convicted of the lesser offence of second-degree murder.
Wilson, 30, also of Niagara Falls, was convicted of manslaughter.
“There is not much I can say,” Ron Charlebois, MacGarvie’s lawyer, said following the trial at the Welland courthouse. “The jury listened to the evidence, and they did what they thought was the right thing.”
Fraser, 49, of Niagara Falls, vanished on Boxing Day 2014. His car was discovered in the early morning hours engulfed in flames in a remote area of Fort Erie known as Gonder’s Flats.
Fraser was abducted from Gonder’s Flats and taken back to Niagara Falls in a truck driven by Wilson. Also in the truck were Nagy and two women, Victoria Harvey and her mother, Carol Acker.
A worker found Fraser’s body on March 17, 2015, floating near the Sir Adam Beck Generating Station. Fraser’s head was bound with duct tape. His wrists and ankles were secured with double sets of zip ties.
The Crown’s case was backed by the testimony of Harvey and her mother.
They said MacGarvie and Nagy walked Fraser, blindfolded and bound at the wrists, into the woods off Chippawa Parkway and returned without him.
The Crown said Fraser was taken to a railway bridge over the Welland River that leads to the hydro canal. His ankles were tied, and he was dumped into the freezing water while he was still alive.
MacGarvie took the stand in his own defence. He testified he snapped after Fraser told him friends from Sarnia were coming to kill MacGarvie and his family. After beating Fraser, he said he used the zip ties to drag Fraser to the river.
He told the jury he had no intention of killing Fraser. He only wanted to know names of the men from Sarnia and when they were coming. He also wanted scare Fraser into leaving town.
He steadfastly maintained neither Nagy nor Wilson knew of his plans or participated in the assault on Fraser.
The dispute started because MacGarvie was disturbed by Fraser’s friendship with Harvey, 23. That led to an assault on Fraser in November 2014 at a residence on Morrison Street.
Harvey was initially charged with first-degree murder. However, she pleaded guilty in February to the lesser offence of manslaughter and received a four-year sentence before testifying for the Crown. Her mother wasn’t charged.
It was Harvey’s cellphone that was used to lure Fraser to Gonder’s Flats.
With his conviction for seconddegree murder, Nagy also receives a life sentence. The sentence comes with a parole eligibility guideline of 10 years minimum and 25 years maximum.
Judge Robert Reid polled the jury for sentencing recommendations on Nagy. Seven jurors recommended he wait the minimum 10-year period before he is eligible for parole. One suggested a 15-year wait. Four declined to offer a suggestion.
A sentencing hearing for all three is scheduled for Wednesday.
Wilson’s manslaughter conviction doesn’t carry any sentencing guidelines.
His lawyer, Jordana Goldlist, told Superior Court Justice Robert Reid she would be recommending Wilson serve the same sentence as Harvey.
Wilson has spent more than two years behind bars since his arrest. Given extra credit for pretrial custody, he would be near the mark for release with time served. He had no previous criminal record.
“On behalf of Duran Wilson, we think it was the right result,” said Goldlist. “He’s pleased with the result. We are pleased with the result. We look forward to getting him home and ending this ordeal for him.”
Goldlist gave MacGarvie a quick hug over the rail of the prisoner’s box after she finished talking with Wilson.
“He was just handed a life sentence,” she said. “He’s a human being. I’ve been on this case from the start, and it’s been an intense eight weeks at trial. He got up there on the stand and told the truth.
“He could have said a myriad of things that weren’t true. He could have lied. Instead, he took responsibility for having taken advantage of my client.
“That said, my client made some terrible choices that night. The verdict reflects the choices he made. He has spent more than two years in jail. He paid the price for his choices. It is time for him to come home.”
Nagy’s lawyer, George Walker, said he had no comment.