New Brunswick

3 accused of fatal Moncton stabbing hire lawyers, 1 seeks psych evaluation

Three people jointly charged with killing a 32-year-old woman in Moncton last week appeared in court Wednesday and said they are retaining lawyers, while one sought a psychiatric evaluation.

Dylan Jackson, Megan Marten and Dana Mundell charged in death of Kyla LaPointe last week

Police cars parked along a residential street with yellow crime scene tape across the road.
Police say the 32-year-old woman was found in the street with multiple stab wounds. (Ian Bonnell/Radio-Canada)

Three people charged with killing a 32-year-old woman in Moncton last week appeared in court Wednesday and said they are retaining lawyers, while one sought a psychiatric evaluation. 

Dylan Alexander Jackson, 28, of Doaktown, Megan Marten, 38, of Fredericton and Dana Livingston Mundell, 49, of Fredericton, are charged with second-degree murder in the death of Kyla LaPointe on July 11. 

During a brief appearance in Moncton provincial court, Judge Suzanne Bernard was told they are retaining lawyers and requested an adjournment to have time to meet with their counsel. 

Jackson also asked the judge to be sent for a 30-day psychiatric evaluation. 

"I feel like it would be relevant to the case, in my defence," Jackson said. When the judge questioned the request, he mentioned a "mental health issue as well as extreme intoxication."

Bernard denied the request, saying he should talk to his lawyer about it and potentially bring it back up again at the next appearance.

A woman with a nose ring and reddish hair in braids smiling.
Kyla LaPointe, 32, was fatally stabbed in Moncton early on July 11. (Kyla LaPointe/Facebook)

About 40 people packed one side of the court's public gallery for the appearance, including family and friends of the victim. One wore a shirt with a photo of LaPointe printed on it.

The appearance included a rare address to the public by the judge — before the three co-accused entered the courtroom. 

"It's a full court," the judge said. "I understand emotions are running high, these charges are very serious in nature and I understand this will be very difficult for everyone in this courtroom."

Bernard warned against any outbursts or disruptions. 

As Jackson entered, he waved to the gallery, saying it was "quite a crowd."

Duty counsel Lise Landry told the judge that Marten will be represented by lawyer Gilles Lemieux, Mundell will be represented by a Fredericton lawyer, while Jackson will be represented by a lawyer with the law firm Gorham Vandebeek. 

A residential street with several homes, driveways and signs with a police SUV and crime scene tape.
The RCMP blocked off a section of Belleview Avenue between Mountain Road and Spurr Street on July 11. (Patrick Lacelle/Radio-Canada)

Jackson made a number of requests during the appearance, including being able to "sit down" together with his co-accused to discuss the case. The requests prompted scoffs from the gallery. 

"It seems unfair that we're jointly charged, but we can't sit together," Jackson said. 

They are jointly charged, which means they will be tried together. The judge said their lawyers could discuss the case.

A request to appear by video, instead of all in person again, was granted for Marten, who is being held at the province's only jail for women, in Miramichi. 

The judge scheduled all three to appear again July 28. They remain in custody. 

Judge warns observers

As the three were leaving the courtroom, someone in the public gallery yelled out a profanity.

The judge warned anyone who continued could be barred from entering the court in the future and potentially face being charged. 

"I know emotions are running high, but this is not the place," the judge said. 

None of those in the gallery spoke to reporters on the way out of the building.

Last week, RCMP said officers were called around 2:45 a.m. to a report of a disturbance on Belleview Avenue, at the northern edge of downtown Moncton. 

Officers found a 32-year-old woman with multiple stab wounds. 

Codiac Regional RCMP Supt. Benoit Jolette told Moncton council on Monday that some of the responding officers attempted to provide first aid, while others set up a perimeter. 

Jolette said that the officers setting up the perimeter located a vehicle "within minutes" of the original call.

"These were people from outside of Moncton. We would've lost their trail, maybe it would have taken weeks, months to resolve this case," Jolette said. 

"However, within minutes we had three people in custody." 

LaPointe died in hospital.

The three were charged July 11 with second-degree murder, which is a homicide that's generally unplanned.

Mother of 4

An obituary for LaPointe says she previously lived in Bathurst and was a mother of four girls.

There were numerous posts mourning her death on social media. The Red Cross communications director for the Atlantic Region, Dan Bedell, noted she was a 2015 Young Humanitarian award recipient. 

LaPointe had advocated for children in the foster care system and in 2012 spoke to CBC about her experience.

ABOUT THE AUTHOR

Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC.