Whitegrass elects to be tried by judge and jury
By Delon Shurtz on August 21, 2021.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A war veteran accused of striking and killing her former spouse with a vehicle more than a year ago, has chosen to be tried by a Court of Queen’s Bench judge and jury, with a preliminary hearing.Melissa Dumaine Whitegrass made the election Friday in Lethbridge provincial court, in relation to charges of first-degree murder, assault with a weapon and dangerous driving.
Whitegrass, who was denied bail in April, was charged March 2 of this year, nine months after police responded to a motor vehicle collision June 1, 2020 involving a pedestrian — Whitegrass’s former spouse — in the west alley of the 900 block of 13 Street South. Thirty-year-old Austin James Forsyth was rushed to Chinook Regional Hospital where he later died.
Police said a woman struck Forsyth with her vehicle while he and another person walked in the alley. The other person walking with Forsyth was nearly struck, as well. The passenger fled the scene, but the driver remained behind and claimed the collision was accidental.
Police said evidence collected at the scene and during an extensive investigation in the following months, led them to believe the incident was intentional.
Whitegrass, a decorated war veteran who was injured while serving in Afghanistan in 2010, remains in custody at the Lethbridge Correctional Centre. She appeared in court by closed-circuit TV to make her election.
Lethbridge lawyer Scott Hadford said he still needs to arrange a pre-trial conference with the Crown and judge to discuss the case and determine a date for the preliminary hearing. The date may be set when the matter returns to court late next month. Follow @DShurtzHerald on Twitter 4
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