Lethbridge man accused in infant’s death consents to trial
LETHBRIDGE – A Lethbridge man accused of second-degree murder in the death of nine-month-old Austin Wright, has consented to proceed to trial.
That follows a two-part preliminary hearing that went ahead earlier this year, to determine if there was enough evidence to warrant a trial.
The judge was scheduled to make his ruling on the prelim Wednesday morning, Dec. 13, when Tyler Brian Hogan’s lawyer, Tonii Roulston, instead provided consent.
“The standard test in a preliminary inquiry is something that we refer to as the Sheppard test,” explained Roulston outside the courthouse. “And the test is a very low threshold, and what it states is: could a jury, properly instructed, return a verdict of guilty based on the evidence before the court. [The accused] does have an opportunity to testify, but his testimony is given very limited weight. So, the threshold is very low. It’s way below a balance of probabilities, and it’s certainly way below reasonable doubt.