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
BREAKING American millionaire Jonathan Lehrer denied bail after being charged with killing Canadian couple
American millionaire Jonathan Lehrer, one of two men charged in the killings of a Canadian couple in Dominica, has been denied bail.
Grandparent scam suspects had ties to Italian organized crime, Ontario police allege
A group of suspects that allegedly defrauded seniors across Ontario and other parts of Canada using a so-called emergency grandparent scam appear to have ties to 'Italian traditional organized crime,' according to an investigator involved in the OPP-led probe.
LeBlanc says he plans to run in next election, under Trudeau's leadership
Cabinet minister Dominic LeBlanc says he plans to run in the next election as a candidate under Prime Minister Justin Trudeau's leadership, amid questions about his rumoured interest in succeeding his longtime friend for the top job.
'Shopaholic' author Sophie Kinsella reveals brain cancer diagnosis
Sophie Kinsella, the best-selling author behind the 'Shopaholic' book series, has revealed that she is receiving treatment for brain cancer.
Motion to allow keffiyehs at Ontario legislature fails
A motion to reverse a ban on the keffiyeh within Queen’s Park failed to receive unanimous consent Thursday just moments after Ontario Premier Doug Ford reiterated his view that prohibiting the garment in the House is divisive.
Trend Line Anger, pessimism towards federal government reach six-year high: Nanos survey
Most Canadians in March reported feeling angry or pessimistic towards the federal government than at any point in the last six years, according to a survey by Nanos Research.
Taylor Swift's new album allegedly 'leaked' on social media and it's causing a frenzy
A Google Drive link allegedly containing 17 tracks that are purportedly from Swift's eagerly awaited "The Tortured Poets Department" album has been making the rounds on the internet in the past day and people are equal parts mad, sad and happy about it.
What does it mean to be 'house poor' and how can you avoid it?
The journey to home ownership can be exciting, but personal finance columnist Christopher Liew warns about the trappings of becoming 'house poor' -- where an overwhelming portion of your income is devoured by housing costs. Liew offers some practical strategies to maintain better financial health while owning a home.
Allman Brothers Band co-founder and legendary guitarist Dickey Betts dies at 80
Guitar legend Dickey Betts, who co-founded the Allman Brothers Band and wrote their biggest hit, 'Ramblin' Man,' has died. He was 80.