New trial granted to Barrie man convicted of second-degree murder
Five years after being found guilty of second-degree murder by a jury of eight men and four women, Terrence Barrett will have a new trial.
The Barrie man was sentenced to life in prison with no chance of parole for 13 years in the stabbing death of Milan (Mike) Segota, which Barrett claimed was self-defence throughout his trial.
A May ruling by the Ontario Court of Appeal agreed back in 2017 that Justice Elizabeth Quinlan failed to properly instruct the jury to consider provocation as a defence in the deadly stabbing.
"That was a legal mistake or an error on the judge's part, and it deprived the jury from the ability to consider whether a lesser verdict was appropriate here," said Mark Halfyard, Barrett's Court of Appeal lawyer.
Barrett's appeal now means a manslaughter defence is back on the table for consideration.
"In manslaughter, there is no minimum sentence, and the trial judge will determine the appropriate quantum based on the circumstances of the case," Halfyard noted.
During the trial, Barrett admitted to stabbing Segota 22 times with a knife in a Ross Street Barrie rooming house in 2015. It was unclear what sparked the fatal altercation.
Barrett said Segota had a knife and would kill him. Barrett, the court heard, escaped unscathed without any visible cuts or stab wounds. Segota's family said Milan was butchered.
Barrett's defence was that he had stepped in during a fight between his ex-girlfriend and Segota.
The Barrie man has spent seven years in prison, and a new trial could mean Barrett may be released sooner if acquitted or found guilty of the lesser charge of manslaughter.
He remains in custody, awaiting trial.
The judicial pre-trial gets underway on Tuesday, while the retrial won't likely begin until early next year.
CTVNews.ca Top Stories
NORAD tracking high-altitude surveillance balloon detected over the U.S., Canada says
The Department of National Defence says Canada is working with the United States to protect sensitive information from foreign intelligence threats after a high-altitude surveillance balloon was detected.

Are magic mushroom stores the next pot shops?
Magic mushroom dispensaries are popping up in cities across Canada, with customers ranging from those looking for treatment for depression or PTSD to people wanting to 'micro-dose' a small amount of psilocybin, the hallucinogenic compound in magic mushrooms. But while the situation is in some ways reminiscent of when cannabis retailers set up shop before marijuana was legalized in 2018, Health Canada says there are no plans to legalize or decriminalize psilocybin products.
Migrant workers sneak secret menus into Canadian restaurants to expose exploitation
Hundreds of customers who scan QR codes for restaurant menus across Canada are being surprised by secret menus instead, revealing the hidden costs behind the food they eat.
Q & A with a Russian warfare expert: 'This is not a proxy war' with the U.S.
With the anniversary of Ukraine's invasion by Russia around the corner, CTV News sat down with a Russian warfare expert to discuss how he sees the conflict playing out and what happens next.
'Brutally cold': Extreme weather warnings spread across Canada
According to Environment and Climate Change Canada, as of Thursday morning there were extreme cold or winter storm warnings active from coast to coast, with the harshest extreme cold warnings stretching from northern Alberta all the way to Nova Scotia.
Video of Sask. hockey rink's 95-year-old staircase grabs national attention online
One of Saskatchewan’s oldest hockey rinks has garnered national attention for its unique features and unusual design.
Ontario paramedic breaks down during emotional final radio call before retirement
A paramedic signing off for duty for the last time got choked up and teary-eyed during his final radio call to colleagues.
Quebec recommends booster only to vulnerable never infected with COVID-19
Quebec is changing its vaccine strategy: public health officials are now recommending booster shots only for vulnerable people who have never had COVID-19.
Would you pay $300 a year for quick access to a nurse? Dealing with demand, Ontario doctors get creative
Paid subscriptions to on-demand care are among the many strategies primary health-care providers in Ontario are adopting in order to meet increased demand for access to doctors in the past year, while also managing staffing shortages.