Adam Drake’s first-degree murder conviction for the 2016 shooting death of Tyler Keizer has been set aside by the Nova Scotia Court of Appeal and a new trial has been ordered.
In a decision passed down Wednesday, Justices Cindy Bourgeois, David Farrar, and Anne Derrick said they agreed with Drake’s counsel that the original trial judge erred in his assessment of the evidence laid out in trial.
Keizer, 22, was shot while sitting in his vehicle at the corner of Gottingen and Falkland streets in November 2016.
Drake, 35, was found guilty of first-degree murder in October 2024 after a judge-only trial. He was sentenced to life in prison with no parole eligibility for 25 years.
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In his appeal, his defence lawyers argued that the judge, Justice Timothy Gabriel, failed to properly assess the evidence of key Crown witness Morgan Harrington.
His lawyers also argued that Drake had his Constitutional right to a timely trial violated due to multiple delays, but the appeal judges sided with the Crown that those delays were justified.
Keizer’s parents, April and Duane Keizer, sent Global News a statement, saying they are “very disappointed in today’s decision.”
“It’s almost 10 years since we lost Tyler and to have a crime on video and no doubt who committed it, its very frustrating to have to go back to trial,” the statement read.
“Its been a long journey and hard on our whole family but we will continue to fight for justice for Tyler and to make sure the one responsible stays where he is so he can’t do this to anyone else.”
Drake’s conviction was initially under a publication ban, while he stood trial for the 2022 murder of Dartmouth battle rapper, Pat Stay.
Last year, Drake was found guilty of second-degree in Stay’s death and that publication ban was lifted. He received a life sentence with no parole eligibility for 17 years in this case.
The Crown will have the last say on whether or not they will retry Drake for Keizer’s death. The Public Prosecution Service has declined to speak with Global News at this time.
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