Gunshot residue collected from the hands of a man accused of shooting the bouncer at a downtown nightclub in 2014 cannot be used as evidence in his trial, a judge ruled Wednesday.
Superior Court Justice J. Paul Howard ruled that Windsor police did not provide Kevin Mantley Nyadu with access to legal counsel within a reasonable amount of time after his arrest — violating the Charter of Rights and Freedoms.
Nyadu was arrested on Oct. 5, 2014, at a parking lot on Victoria Avenue at Park Street not long after Windsor police responded to reports of a shooting at the Boom Boom Room at 2:37 a.m.
The arresting officers located a 9mm handgun in a bush abutting the parking lot at Victoria and Park.
Nyadu was arrested along with Shadrack Kwame Amankwa and brought back to the Windsor police detention centre where the two Brampton, Ont., men were placed in cells without running water or toilets.
Nyadu said he was informed of his rights to seek legal counsel during his arrest and expressed a desire to speak with a lawyer.
While in custody, Nyadu was handcuffed with his hands behind his back until officers from the Windsor police forensic identification unit arrived around 4:45 a.m. to take samples from his hands.
It wasn’t until 5:10 a.m., about two hours after arriving at the detention centre, that Nyadu was permitted to call a lawyer.
Howard said if the officers were concerned about preserving the evidence until the forensic officers arrived, there were other means available such as placing plastic bags over his hands.
Nyadu is charged with attempted murder and five firearm offences. Amankwa is charged with being an accessory to attempted murder, along with five firearm offences.
At the time of the shooting, Nyadu was bound by a court order prohibiting him from possessing any firearms or ammunition. He’s additionally charged with two breaches of a court order.
“Attempted murder and handgun offences are obviously very serious in nature,” Howard read during court.
He said the “unexplained failure” of Windsor police to facilitate Nyadu’s access to legal counsel is a “significant impact of the charter breach.
“Mr. Nyadu’s interest outweigh the public interest in the adjudication of the evidence.”
The evidence taken from Nyadu’s hands showed trace amounts — three particles — of gunshot residue. There was no gunshot residue on Amankwa’s hands.
The gun found near the parking lot had male DNA on it but did not match either of the men.
During a hearing last December, Centre for Forensic Sciences chemist Robert Gerard testified the residue could have been from firing a gun or transferred from the arresting officer.
Boom Boom Room bouncer Devonte Pierce was shot in the back by a 9mm bullet after he attempted to remove a group of rowdy men from the nightclub.
The bullet narrowly missed his spine but inflicted damage to a kidney.
The trial continues before Superior Court Justice J. Paul Howard in April.