Charges reduced in Eastern Shore murder case

Charges have been downgraded against two people from the Eastern Shore who were accused of first-degree murder in the killing of a man in Head of Jeddore last winter.

Jason Douglas Murphy, 45, of Head of Jeddore died after he was struck by a vehicle on West Jeddore Road on Feb. 25.

Dana Matthew Wolfe, 49, and Kelly Ann Stewart, 39, both of Head of Jeddore, were arrested Feb. 27, a few hours after RCMP received a report of a dead body.

In charging Wolfe and Stewart with first-degree murder, homicide investigators alleged the killing was planned and deliberate.

A preliminary inquiry got underway in Dartmouth provincial court in December and was scheduled to continue Wednesday, but a prosecutor informed the court that the Crown was no longer seeking to have the pair committed to stand trial for first-degree murder.

Prosecutor Eric Taylor said the Crown was instead proceeding on a charge of second-degree murder against Wolfe and on two lesser charges against Stewart – being an accessory after the fact to murder and attempting to obstruct justice.

The defence lawyers then confirmed that their clients were consenting to committal on the new charges.

Judge Alanna Murphy ordered the accused to appear in Nova Scotia Supreme Court in Halifax on Jan. 28 to begin the process of setting dates for a jury trial.

Wolfe remains in custody, while Stewart has been free since April on a $25,000 bail order with her father as surety. She's on house arrest at Holly House, a Dartmouth transitional housing facility for women, operated by the Elizabeth Fry Society of Mainland Nova Scotia.

In an interview after Wednesday's proceeding, Taylor said there was consensus among counsel following the first three days of the preliminary inquiry in December that the evidence did not support a charge of first-degree murder.

“So after discussions with our supervisors, with the lead investigator and with the family of the deceased, we spoke to defence counsel (about) what the evidence actually supported,” the Crown attorney said. “That led us to agreements on the charges that they're now facing.”

The inquiry heard testimony from three police officers, one civilian and a medical examiner before Christmas. Four more civilians were lined up to testify this week but were not needed after the defence consented to committal.

The victim's family is “up to speed” on the latest developments in the prosecution, Taylor said.

“They understand the reduction of charges and are committed to seeing that justice is done in this case,” he said.

Lawyer James Giacomantonio, who represents Stewart, said she has always maintained her innocence on the charge of murdering Murphy.

“She is pleased that the Crown has come to the same conclusion,” Giacomantonio said of his client.