Verdict reserved in Lafonde murder case

Unable to walk on his own, Lafond was stretchered out of the institution and taken to hospital in Prince Albert. He was later transferred to Saskatoon where he would remain for another three months in a near vegetative state before being transferred back to the Herb Bassett Care Home in Prince Albert. While there he remained minimally communicative, and unable to feed himself.

The following February, Lafond was taken off life support and passed away.

The autopsy ruled the official cause of death to be pneumonia, with the head injury listed as an underlying factor.

The trial spanned three weeks. During that time, the Crown called a total of 14 witnesses including police officers, correctional staff, and a blood spatter expert.

Witnesses testified that prior to the assault, Lafonde was observed talking friendly with a correctional staff member and had just returned from the kitchen area with a sandwich. There was also testimony describing a different mood in the jail that night, one that was louder and inmates were more actively making requests. Crown Prosecutor Mary Ann Larson noted it was almost as if they were creating some sort of distraction.

Unbeknownst to Lafonde, there were three men waiting for him in his cell in Unit 5 and he was viciously assaulted. Two of the men had been observed minutes prior to entering the cell, wearing black gloves.

“They’re not in there to clean his room. They’re in there for a nefarious purpose,” Larson said.

The assault lasted about a minute and when found by a correctional officer, Lafonde had a large deep gash on his right eyebrow and there was also an indentation on his head, roughly the size of a fist. First responders describe the blood as flowing from his head and Lafonde, who was conscious, was moaning but unable to answer any questions.

A picture of Napope leaving Court of King’s Bench in Prince Albert. (Nigel Maxwell/ paNOW Staff)

Following the assault, Napope, who was Lafonde’s cell mate, was seen exiting the cell, followed by the other men. All three changed their shoes and Napope was observed standing by a railing, before being told to go back into his cell. When later arrested, his demeanor was described as calm and cooperative and there were no visible signs of blood or injury on his hands.

There was however blood spatter found in the inseam of his pants, which one witness testified was impossible unless he was directly involved in the assault.

While Napope was alone in the cell prior with the two other men, there was no evidence given with respect to what was discussed, if anything.

Noting challenges related to identifying Napope as being physically involved in the assault or having intent, Larson also pointed out there were clear examples he knew what was happening, given the multiple chances he had to leave the cell, as well as his lack of effort to tell anyone someone was badly hurt.

“The victim didn’t even have a chance,” she said.

Witnesses testified Napope was in the cell with the injured Lafonde for roughly nine minutes before staff arrived.

Defence lawyer Thomas Hynes explained the Crown failed to prove beyond a reasonable doubt that Napope was anything more than a bystander, and further noted the high standard of proof required for second-degree murder or even a lesser charge of manslaughter.

“The presumption of innocence is a cornerstone of our criminal justice system,” he said, reiterating the fact no blood was found on Napope’s hands or sweater.

With respect to the blood spatter found on his pants, Hynes noted the small proximity of the cell and the inference that could be made the blood spatter could have gone anywhere.

“We can’t explain how it got there,” he said.

And in response to Napope’s alleged silence after the assault, Hynes explained his client was on cell confinement and was under no legal obligation as a prisoner to intervene or stand in the way.

Hynes also stated Napope, who had turned off the light upon re-entering the cell after the assault, could have merely understood someone was coming at any moment to check on the cell.

He also explained Napope had a long history of being incarcerated, so had a deep understanding of how the system worked, and so standing by the railing knowing he could get in trouble, was a way to bring attention to the cell without facing repercussion from other inmates.

“Snitches get stitches,” he said.

Madame Justice A.R. Rothery reserved the decision to April 15.

Last month, one of the co-accused entered a guilty plea to manslaughter. Kyle Bear’s case is scheduled for sentencing on Jan. 5.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

by Nigel Maxwell

Verdict reserved in Lafonde murder case

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