Jury selection set to begin in Musgrave murder retrial

Jury selection begins tomorrow for the retrial of Joshua Warner and Tyrone Chambers. The two men were originally convicted of the 2010 murder of Brandon Musgrave, but the Ontario Court of Appeal threw out that conviction saying the judge failed to properly instruct the jury.

Eighteen-year-old Musgrave was killed seven years ago at a house party on Dundurn St. An argument over the choice of music led to three shots being fired. Two of those bullets injured two men and the other killed Musgrave.

Chambers and Warner were both found guilty of second degree murder and aggravated assault. Chambers was sentenced to 17 years in prison and Warner received 15.

The court of appeals for Ontario has quashed the convictions and ordered a new trial for both men.

Following closing submissions in a criminal case, the judge instructs the jury before they go and deliberate. According to documents from the Court of Appeal, the original trial judge failed to properly instruct what could be inferred from the post offence conduct of the accused. The two men took off after the shooting. Chambers was found in Halifax and Warner was found in South America.

The lawyer representing Chambers says he hopes this trial will have a better outcome for his client. The lawyer representing Warner could not be reached.

Janet Musgrave wears her son’s picture around her neck. The family is devastated that a new trail has been ordered.

Musgrave is described as a smart, loving young man, with a one of a kind sense of humour.

The family says they are preparing themselves and finding the strength to sit through another trial.