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.
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