New trial ordered in Alberta homicide case after appeal court overturns murder conviction

Alberta’s Court of Appeal has ordered a new trial for a man previously convicted in the 2020 death of his common-law partner, finding legal errors in how intent was assessed at trial.

In a decision released Friday, the court overturned Ryan Applegarth’s 2023 conviction for second-degree murder in the death of 26-year-old Chantelle Firingstoney. According to the ruling, the trial judge did not make a required finding that Applegarth intended to kill, a key element for a murder conviction.

Court records show Firingstoney died in November 2020 at her home in Ponoka, about 95 kilometres south of Edmonton, after going out for drinks with a friend. An autopsy presented at trial found extensive blunt-force trauma to her head, face, neck and torso, along with multiple broken ribs and a lacerated liver.

The appeal court found the Crown had not met the high legal threshold to prove intent to kill, noting that a jury could reasonably have reached a verdict of manslaughter instead. “The Crown argues that despite the error, the case against the appellant is overwhelming. We do not agree that the Crown has met its very high burden of establishing this,” the decision states.

The ruling sends the case back to the lower court for a new trial. It is not yet confirmed when proceedings will resume.