Man convicted of northern Ont. murder tries to grab court officer's gun

It was a wild ending to a murder retrial in Thunder Bay, Ont., on Tuesday when the accused was dragged out of the courtroom after allegedly trying to grab a court officer's gun following the judge's verdict.

Justice John Fregeau found Jonathan Edward Massicotte guilty of second-degree murder in the brutal beating of 32-year-old William Darryl Wapoose in September 2014.

William Darryl Wapoose, 32, was killed in Thunder Bay in September 2014. (Thunder Bay Police Service)

Fregeau delivered his judgment Tuesday via Zoom, while both the Crown and defence attorneys, along with Massicotte, were in the Thunder Bay courtroom.

CTVNewsNorthernOntario.ca observed the proceedings online through live video.

Since second-degree murder comes with an automatic life sentence, the only thing left to argue is how many years Massicotte would have to spend in prison before he is eligible for parole.

Massicotte has been out on bail since he was charged in 2019.

When he heard his continued release would be inappropriate and that he would be in custody going forward, he caused a disturbance.

Struggle ensued

The courtroom was cleared out when one court officer said, "He's trying to reach for my gun," and a struggle ensued.

Massicotte could be heard shouting, "Do it, shoot me, shoot me then," as several more court officers arrived to subdue the convicted man.

"Tell my son I love him," Massicotte said.

"I'm not the one who killed William. I'm not the murderer."

He was led out of the courtroom by officers.

The proceedings continued despite his absence and the February 2023 release order was officially vacated.

Violent group assault

Massicotte is the second man to be convicted in Wapoose's death after another suspect was found guilty of manslaughter in January 2023.

The first suspect was only 17 at the time of the deadly attack and cannot be named under the Youth Criminal Justice Act.

The court heard a trio of drunk teens came upon the heavily intoxicated victim sleeping up against a street light pole on Chapples Drive near International Friendship Gardens park.

Originally, the court heard they just planned to rob Wapoose, but then two of the teens attacked him, dragged him into a ditch to continue the beating and then left him to die after he was stabbed.

The third teen was not involved in the attack and ended up being a witness for the Crown.

Arrested in 2019, Massicotte's first trial resulted in a hung jury in 2022 because it couldn't come to a unanimous verdict.

He was retried by a judge alone with the main evidence being testimonies from two people, including the eyewitness to the attack.

While the judge acknowledged there were some inconsistencies in the witness' testimony, he ultimately accepted it as the description of the assault was consistent with the injuries sustained by the victim as confirmed by the autopsy.

The testimony of the second person was found to be unreliable.

Fregeau said he was convinced Massicotte participated in the beating and stabbing that killed Wapoose, but the evidence didn't prove who made the fatal blow.

However, he said under co-principal liability, everyone involved in a group assault is considered responsible for the death.

The matter will return to court next month to schedule a sentencing hearing.

The court heard that Massicotte was convicted of breaking and entering in 2015 and received a conditional sentence. While out on bail during the murder charges, he was convicted twice for failing to comply with his release orders and impaired driving.

In Canada, people convicted of second-degree murder must serve 10 to 25 years in prison before they are eligible for parole.