New trial set for man charged in triple shooting that left woman paralyzed

The Nova Scotia Court of Appeal ordered a new trial for Markel Jason Downey, who was acquitted of 28 charges, including attempted murder, in February 2017.

Markel Downey charged in 2014 shooting in Cole Harbour, N.S., that also injured two others

Blair Rhodes · CBC News ·
Markel Jason Downey will be retried Oct. 7 on charges related to a triple shooting at a Cole Harbour, N.S., home in November 2014. (CBC)

A man accused in a home invasion in Cole Harbour, N.S., that left a woman paralyzed will face a second trial in October.

Markel Jason Downey, 22, was initially acquitted of 28 charges, including three of attempted murder, at a trial that concluded in February of last year.

The Crown appealed Downey's acquittal. Last month, the Nova Scotia Court of Appeal agreed that the original trial judge made serious errors in his decision to dismiss the case against Downey.

Ashley MacLean Kearse was shot during the Nov. 30, 2014 home invasion. She testified at Markel Downey's first trial in which he was acquitted of 28 charges relating to the incident. (CBC)

Police had to issue a Canada-wide warrant to find Downey and bring him to court to set new trial dates. He was arrested last week during a traffic stop in Cole Harbour.

Downey's new trial will begin on Oct. 7.

Ashley MacLean Kearse was left paralyzed from the waist down when she was shot during a home invasion on Nov. 30, 2014. Two other people were also injured.

Three other accused who were youths at the time pleaded guilty to their part in the crimes. Their identities are protected by the Youth Criminal Justice Act.