The prosecution has formally concluded presenting its evidence in the high-profile Walpole Island first-degree murder trial currently being heard in Sarnia. In a significant development, one of the three charges originally faced by the accused has been officially withdrawn from the jury's consideration.
Charges Reduced as Trial Nears Conclusion
Jahton Blair, the defendant in this case, had initially pleaded not guilty to three serious charges: first-degree murder, kidnapping, and offering an indignity to human remains through burning and/or dismemberment. However, following a defense motion for a directed verdict on the indignity charge, Superior Court Justice Kelly Gorman informed the jury that this particular count has been withdrawn.
"Count three is being withdrawn from your consideration," Justice Gorman explicitly told the jury panel. The decision came after defense lawyer Sid Freeman argued there was insufficient evidence to prove the essential elements of the indignity charge, a position with which the Crown prosecution agreed.
Gruesome Details of the Alleged Crime
The trial has heard disturbing testimony about the death of Oyebode Oyenuga, a 25-year-old Windsor man. According to evidence presented to the jury, Oyenuga was driven to Walpole Island on February 3, 2021, where he was shot three times in the head near Pump House Road. Following the shooting, his body was allegedly burned, dismembered, placed in garbage bags, and discarded in water approximately three kilometers away, just off Dynamite Cut Road.
Despite the withdrawal of the indignity charge related to the alleged treatment of Oyenuga's remains, the jury will still deliberate on the first-degree murder and kidnapping charges. Justice Gorman indicated that these deliberations would not commence until the following week, allowing time for the court and legal teams to prepare comprehensive instructions for the jury.
Prosecution Concludes Its Case
Prosecutor David Rows formally announced the conclusion of the Crown's evidence presentation on Wednesday after their final witness, Rolf Agard, completed his testimony. "That is the evidence to be led by the Crown at this time," Rows declared to the court.
In response, defense attorney Sid Freeman stated, "We will be calling no evidence," indicating that the defense does not plan to present its own case or witnesses.
Key Witness Testimony Raises Questions
The jury heard the remainder of Rolf Agard's testimony on Wednesday, marking his third appearance on the witness stand during this trial. Agard had previously provided a sworn statement last fall describing a discussion at Blair's University Avenue house regarding what would happen to Oyenuga following a fight between the two men on February 2, 2021.
In that earlier statement, Agard claimed that Saccara Johnson would attempt to calm Oyenuga down and get him to smoke. Once sufficiently intoxicated, they would allegedly take him to Walpole Island, beat him up, and leave him there.
However, during his Wednesday testimony, Agard revised his account, stating he could not specifically recall anyone mentioning Walpole Island by name. While acknowledging it was a location familiar to all involved, he testified that he did not know whose idea it was or if anyone actually named the location during the discussion.
Agard explained that he had been "filling in the gaps" when he made his previous statement, clarifying that the discussed plan was simply to beat Oyenuga up and leave him somewhere to walk home. According to his latest testimony, no one specifically mentioned Walpole Island, and the plan could have involved leaving Oyenuga anywhere in the surrounding area, including Kingsville, Leamington, or Chatham.
The trial continues as the court prepares for the final phase of proceedings, with jury deliberations on the remaining charges expected to begin in the coming days.
