Charges of second-degree murder in the death of Russell Hitchon were suddenly withdrawn last week against Rorey Grant Tyler Hill just weeks after he had been ordered to stand trial in the man’s death.
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The surprising move by assistant Crown attorney Sean Bradley, was handled over a Zoom link in Superior Court where Hill appeared on screen from Maplehurst Correctional Centre.
Hill, 40, and Jessica Elizabeth Poreba, 43, had each been facing charges of first-degree murder in connection with the death of Hitchon, who was found dead in his Colborne Street apartment on July 22, 2022.
Last month, after a preliminary hearing, Justice Colette Good discharged Hill of first-degree murder but ordered that he stand trial for second-degree murder.
The judge said there wasn’t enough evidence presented during the hearing to commit Poreba to trial and said she was free to go.
In a long statement, explaining why he was requesting Hill’s charges also be withdrawn, Bradley said on June 20, there wasn’t enough evidence to proceed.
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“While we continue to believe Mr. Hill committed this crime, the Crown can no longer say it can be proven beyond a reasonable doubt,” Bradley said.
“With no reasonable prospect of conviction, we are therefore duty-bound to withdraw this charge.”
During a preliminary hearing, evidence was presented that Hitchon, Poreba and Hill were roommates, drug users and dealers.
Hitchon died after suffering multiple blunt force injuries to his head, face and neck, was stomped on and possibly strangled.
His lungs were pierced and his body was lacking about a third of his blood.
A friend finally found Hitchon, bloated and cold, lying on his bed, with footprints on his body.
In his comments to the judge, Bradley said the Crown’s office has to constantly assess a case to see if there is a reasonable prospect of a conviction at the end of it.
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He said he “digested” Good’s ruling and her withdrawal of the charges against Poreba after the lengthy preliminary hearing.
As well, he reviewed transcripts and all the evidence available, and assessed the credibility of witnesses before making a decision.
Bradley said there were “inconsistent statements” at the hearing and the case wasn’t likely to get any stronger.
“An objective assessment leads to the conclusion we would not be successful (in getting a conviction.)”
Bradley noted that Hill, who was arrested in August 2022, chose not to apply for lease.
In fact, when the matter was scheduled to be dealt with a week earlier so that Hill would be released, he asked that the matter be delayed for a week.
@EXPSGamble
with files from Michelle Ruby
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