One of the four people found guilty of fatally beating of man near Fort McMurray nearly three years ago will get a new trial, the Alberta Court of Appeal ruled Wednesday.
Wade Mitchell Janvier was found guilty of second-degree murder by a jury in March 2007 for his role in the death of Trent Jason Oss.
The 23-year-old was killed in July 2005 after a fight broke out in Janvier, a small town about 100 kilometres south of Fort McMurray.
The court heard he was badly beaten and airlifted to hospital, where he later died.
In the written decision, the judges write that the Crown failed to prove beyond a reasonable doubt that Janvier intended to kill Oss.
Janvier, 25, pleaded guilty to manslaughter, but the jury convicted him on greater charges.
The court's decision also said the judge failed to properly instruct the jury on the differences between manslaughter and second-degree murder.
Janvier was charged along with his mother, Marlene Rose Janvier, Kirby Kirk Boucher and Braten Lou Gardiner.
Boucher and Gardiner both pleaded guilty to manslaughter. Marlene Janvier was found guilty of manslaughter as well.
A date has not yet been set for a new trial.
