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

Conservatives launch marathon voting session over Liberal refusal to scrap carbon tax
Pierre Poilievre's Conservatives have launched an overnight marathon voting session in the House of Commons, after signalling they'd be making good on their threat to delay the government's agenda over their opposition to the carbon tax.
Two charged with murder of Quebecer Daniel Langlois and partner in Dominica
The director of public prosecutions in the Caribbean nation of Dominica has confirmed that two men have been charged in the death of Quebecer Daniel Langlois and his partner.
Death toll rises to five in cantaloupe salmonella outbreak, as cases almost double
The Public Health Agency of Canada says the death toll has risen to five in a salmonella outbreak linked to Malichita and Rudy brand cantaloupes.
Two months into war, a Palestinian doctor and an Israeli activist's son unite in calls for peace
After two months of war, a Palestinian doctor and the son of an Israeli activist, are united in a common call for peace.
Ottawa announces $5.5M for health worker well-being and foreign medical grads
Ottawa has announced nearly $5.5 million in new funding to address health worker well-being and speed up the application process for international medical graduates who want to work in Canada.
Hunter Biden indicted on nine tax charges, adding to gun charges in special counsel probe
Hunter Biden was indicted on nine tax charges in California on Thursday as a special counsel investigation into the business dealings of President Joe Biden's son intensifies against the backdrop of the looming 2024 election.
UNLV shooting suspect had list of targets at that campus and another university, police say
The suspect in the deadly shooting at the University of Las Vegas, Nevada, had a list of targets at the school and at East Carolina University in North Carolina, police said Thursday.
Canada doubling cost-of-living requirement for international students
Canada will more than double the cost-of-living financial requirement for incoming international students on Jan. 1, Minister of Immigration, Refugees and Citizenship Marc Miller announced today.
'The Brick' is at the centre of our galaxy. An unexpected new finding may help unlock its mysteries
A box-shaped cloud of opaque dust that lies at the centre of our galaxy has long perplexed scientists, and observations that reveal a new detail about its composition are deepening the mystery — possibly upending what’s known about how stars form.