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Judge allows RCMP to hold evidence in death

Apr 01 2012

A Victoria provincial court judge has granted a Crown application to retain items seized as evidence in the investigation into the August 2011 death of Revelstoke musician Daniel Jordan Levesque.

Judge Ernie Quantz has given primary investigator RCMP Const. Margo Downey until Aug. 15 to retain Joshua Bredo's BlackBerry, ring, shirt, jeans and shoes.

Bredo had been charged with the seconddegree murder of the 20-year-old Levesque. In December, the charge was stayed because there was not enough evidence to support a conviction.

In an affidavit to the court, Downey wrote that Bredo called 911 at 5 p.m. on Aug. 3, 2011, to say he had been stabbed in the stomach, arm and head. When police arrived at the Cormorant Street apartment, Bredo was lying on his back on the living room floor. Levesque was face down on a couch in the living room. Both men were taken to Victoria General Hospital, where Levesque died.

During the autopsy, pathologist Dr. Carol Lee told police that Levesque had been struck twice on the back of the head. The wounds were of a circular shape, consistent with being hit with a hammer.

On Dec. 8, Lee's report on the death said that Levesque had died from cocaine toxicity. The next day, the Crown stayed the charges against Bredo.

Downey's affidavit said police are concerned that the pathologist relied on incomplete, inaccurate and unsubstantiated information.

The coroner's report quotes Bredo as saying that Levesque had been consuming cocaine and freaked out before assaulting him. Downey's affidavit said that Bredo's description of Levesque's state of agitation was unsubstantiated.

The affidavit also quoted the pathologist as saying that she wanted to know more about the metabolized blood readings to get a better understanding of the level of cocaine in Levesque's body.

"I believe Dr. Lee was either unaware of, or disregarded, a number of elements of this investigation which could support the theory that Levesque's death was a homicide," Downey wrote.

In a second affidavit, submitted to provincial court Friday, Downey said 54 text messages on Bredo's BlackBerry were sent to or received from Levesque's phone. In October, the phone was sent to the RCMP lab that is able to retrieve deleted text messages. Downey has not received the lab's analysis and has been advised it will take between nine and 12 months.

Downey also asked to retain Bredo's jeans, ring, bracelet and shoes until she has decided whether they will be forwarded to the lab for DNA testing.

The affidavit said Downey has asked Lee to review her findings.

Lee's review will be completed by the end of April, and at that point, Downey may retain the services of an independent pathologist "for his or her review," said the affidavit. ldickson@timescolonist.com

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