Krystal Toole's election, plea for allegedly helping Marissa Shephard delayed again - Action News
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New Brunswick

Krystal Toole's election, plea for allegedly helping Marissa Shephard delayed again

The case of Krystal Dawn Toole, the Moncton woman accused of assisting murder fugitive Marissa Shephard, has been adjourned again after the prosecutor handling the file failed to appear in court on Friday.

32-year-old Moncton woman charged with being accessory after the fact to murder in death of Baylee Wylie

Krystal Toole remains in police custody. (Facebook)
The case ofKrystal DawnToole, the Moncton woman accused of assisting murder fugitive Marissa Shephard, has been adjourned again after the prosecutor handling the file failed to appear in court on Friday.

Toole, 32, is charged with being anaccessory after the factto first-degree murder in the killing of Moncton teen Baylee Wyliein December.

Sheappeared in Moncton provincial court on Friday afternoon with herdefence lawyer Hazen Brien, but Crown prosecutor Jessica Lavoiedid not attend.

Brien appeared frustrated but said without the prosecutor, "nothing else can be done."

Toole, who appeared relaxed during the proceedings, was scheduled to elect her mode of trial and enter a plea.

She remains in custody and will return to court on May 13 at 1:30 p.m.

On Monday, Brien had suggested there might be an opportunity to resolve the matter. He also told the court he had just received new video evidence from the Crown, which he needed time to review,and requested the case be set over until Friday.

The two sides are still trying to resolve the matter, Brien said on Friday.

Toole'scase was previously adjourned on April 29, whenBriensaid he was waiting for more disclosure.

She has been in custody since March 1, when she was arrested in the company ofShephard, 20, and StephenNagle, 22, near the intersection ofShediacandLewisvilleroads inMoncton,after police received a tip from the public.

Marissa Shephard is charged with first-degree murder and arson. The comment under this Facebook photo reads, 'BTW - (NotRealGun) Just Saying before anyone thinks anything.' (Facebook)
Shephard, who was wanted on aCanada-wide arrest warrant for first-degree murder and arson in connection withthe death ofWylie,had eluded police for about 10 weeks.

The body of Wylie, 18,was found on Dec. 17 in a burned apartment unit he had been sharing with Shephard, according to his mother.

RCMP have described Wylie's death as extremely violent.

Shephard is one of three people charged withe first-degree murder and arson in Wylie's death, while Toole and Naglewere both charged with being accessories by assisting Shephard.

Nagle, the father of Shephard's young son,changed his plea to guilty on April 25 and was sentenced to nine months in jail and one year of probation.

Shephard, who has been deemed fit to stand trial after a 30-day psychiatric assessment, is scheduled to return to court on June 3.

Her co-accused,DevinMorningstar, 18, waived his right to a preliminary hearing and is scheduled to stand trial on Oct. 18. Eight weeks have been set aside.
The body of 18-year-old Baylee Wylie was discovered in a residence on Sumac Street in Moncton by firefighters on Dec. 17 after extinguishing an early morning fire at the residence. (Submitted)

Shephard'sother co-accused,Tyler Noel, 18, is scheduled to have a four-daypreliminary hearing, starting on May 16.

Two other men, accused ofassisting Noel to evade police, are also facing charges of being accessories to murder after the fact.

Bradley Bonnell, 20, and ZacharyHolden, 19, were arrested onJan. 9in the company ofNoel, who was wanted on a Canada-wide warrant in Wylie's death.

Bonnell, who has pleaded not guilty to that and other charges, has elected to be tried by judge and jury.

Holdenisscheduled to return to court on May 27.

With files from Kate Letterick