Prelim dates set in Donelan murder
Devon Mark Hill Hood, 26, and Matthew David LeBlanc, 29, jointly charged in death of Minto man in January 2022; drug, firearms case against Hood, Erica Blyth adjourned
Two Fredericton men accused of a January 2022 killing in Chipman saw their preliminary inquiry on a second-degree murder charge set for the spring, but it’s likely that hearing won’t happen.
Devon Mark Hill Hood, 26, and Matthew David LeBlanc, 29, both of Fredericton, face a joint first-degree murder charge, alleging they killed Brandon Patrick Donelan on Jan. 28, 2022, in Chipman.
The case was back in Fredericton provincial court Friday to schedule a preliminary inquiry.
Hood - who’s serving a federal sentence and was recently transferred to a Quebec prison - appeared in person with his defence counsel, Brian Munro, and Matthew LeBlanc was represented by Pierrette Allain, appearing as agent for his defence lawyer Gilles Lemieux.
A preliminary inquiry is held for more serious, indictable charges to determine if there’s sufficient evidence to set such matters over for trial at a superior level of court - which in New Brunswick would be the Court of King’s Bench.
Judge Natalie LeBlanc scheduled Hood and Matthew LeBlanc’s preliminary inquiry for April 22-26.
However, it’s unlikely that hearing will go ahead as scheduled.
As of late, the Crown prosecutors’ office has been filing preferred indictments in several cases headed to trial in the Court of King’s Bench, skipping the preliminary-inquiry phase.
In fact, the Crown has already done so in a concurrent prosecution connected to the same murder.
In a separate charge before the courts in the Fredericton district, Erica Lea Ann Blyth, 40, of Newcastle Creek, and Joshua John McIsaac, 33, formerly of Penniac, are jointly accused of first-degree murder in Donelan’s death as well.
While a preliminary inquiry date had previously been scheduled for them in that prosecution for the spring as well, the Crown filed a preferred indictment in that case.
Blyth and McIsaac’s King’s Bench six-week jury trial is set to begin April 23, 2025.
Donelan was reported as missing to police Jan. 30, 2022, but his body wasn’t found until March 31, 2022, when members of the RCMP’s major crime unit found it along a snowmobile trail.
Drug, firearms charges
The RCMP arrested Hood and Blyth on June 21 when officers executed a search warrant at Blyth’s home near Chipman.
While Blyth was charged with the Donelan murder shortly after that arrest, the search also led the RCMP to file drug and firearms charges against her and Hood.
Hood and Blyth are jointly charged with possessing crystal meth, cocaine and hydromorphone (Dilaudid) for the purpose of trafficking; possessing a loaded, prohibited firearm (a sawed-off shotgun) without a licence or authorization; possessing unloaded prohibited firearms (two other sawed-off shotguns) with readily accessible ammunition; possessing the sawed-off shotguns, another shotgun and three rifles for a purpose dangerous to the public peace; possessing non-restricted firearms without a licence; and storing those seven firearms improperly.
And on his own, Hood is charged with violating a court order barring him from possessing firearms.
That case was before Judge LeBlanc on Friday as well for election of mode of trial.
Emily Cochrane, co-defence counsel for Blyth said her client was prepared to elect trial by Court of King’s Bench judge alone and would waive a preliminary inquiry.
A problem arose when it came to Hood’s election.
Munro said while he’s retained as counsel on the murder, charge, he’s yet to be assigned Hood’s case on the drug and firearms allegations. He appeared on those charges not as Hood’s counsel, but rather as a friend of the court, anticipating he’ll be given a legal-aid certificate on those counts as well.
“I haven’t seen the file,” the defence lawyer said, noting it’s difficult for him to advise Hood on how to elect before he’s officially retained as defence counsel and before reviewing disclosure.
Since Hood and Blyth are charged jointly, their election has to be the same. If the case two jointly charged defendants differ on mode of trial, the one who opts for the highest level is the one who determines the election.
For example, while Blyth is opting for a King’s Bench trial by judge alone, if Hood chooses a judge and jury trial, that’s how the matter would proceed.
The judge set the drug and firearm prosecution over to Dec. 21 for election, in the hope that Munro will be on the case and will have had a chance to review the file.
Note: A previous report on this case erroneously indicated Donelan’s body was found by a passerby on a trail in the Chipman area when in fact RCMP officers were the ones who located his remains. We regret the error.
Don MacPherson can be contacted at ftonindependent@gmail.com.