A man convicted of the murder and disposal of Chad Davis’s body is accusing the judge of allowing a "gloves-off" approach to evidence in the case.
He alleges the error resulted in his wrongful conviction.
Corey Scott Tymchyshyn, 37, has filed notice he intends to appeal his first-degree murder conviction for the Feb. 6, 2008 killing of Chad Davis inside a garage at Tymchyshyn’s home on Prince Rupert Avenue.
Tymchyshyn states in the notice he believes the trial, which concluded in late February, was "manifestly unfair" because jurors heard evidence implying he is of bad character and has a propensity towards violence.
Court of Queen’s Bench Justice Brenda Keyser, who oversaw the trial, made a mistake by allowing his co-accused, Kristopher Brincheski, to bring up that evidence when it wasn’t related to any live issue in the case, Tymchyshyn claims.
Jurors found the two men acted in concert to execute Davis, a Winnipeg cocaine dealer, inside the garage. His beaten body was then placed in a plastic rain barrel, sealed and dumped into the Lee River outside Lac du Bonnet.
Davis’s grisly homicide wasn’t discovered until July 23, 2008, when cottagers opened the barrel.
Key to the Crown’s case were text messages sent from Tymchyshyn to Brincheski on the last day Davis was ever seen alive. "We will be in soon," said one. "He’s wearing a hat don’t miss," said the next.
Both Tymchyshyn and Brincheski testified and blamed the other for the killing, known as a "cut-throat" defence.
"The gloves are off," Keyser told lawyers in the absence of the jury after Tymchyshyn elected to testify. He told jurors he wasn’t present for the killing but returned home to find Brincheski had killed Davis in apparent self-defence in the garage after Davis attacked him over an outstanding $10,000 drug debt.
The "cut-throat" legal tactic, however, opened the door for court to hear evidence of violence and intimidation Tymchyshyn had committed in the past.
Tymchyshyn conceded he’d made a chilling threat to kill a man in a dispute over a marijuana-grow operation they set up in the man’s basement while he was on bail in 2012 on the murder charge.
Tymchyshyn said the man was potentially compromising the secrecy of grow-op so he had to caution him, which he did by making threats the man would meet a similar fate as Davis.
"The last guy that screwed up in a situation like this ended up in a barrel," Tymchyshyn admitted saying.
In October 2011, Tymchyshyn fought a losing battle to see his trial severed from Brincheski’s, arguing he couldn’t get a fair hearing based on what Brincheski’s brother told police in September 2008.
In the end, Alex Brincheski’s statement was edited by the Crown to remove virtually all mention of Tymchyshyn’s.
No hearing dates have been set. Tymchyshyn has indicated he’s applied for legal aid funding to fund his appeal.
Brincheski filed a notice of intention to appeal late last week.
Both men are being held at Stony Mountain federal prison after being sentenced to life behind bars without a chance at parole for 25 years.