Printed Oct 04, 2021 • 6 minute learn
Owen Sound courthouse. /Postmedia Community
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A 25-year-old man has pleaded responsible to voluntary manslaughter and to providing an indignity to a deceased physique within the demise of Nolan Panchyshyn.
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The 20-year-old Southampton man went lacking Dec. 13, 2017 and police discovered his dismembered physique three months later, at a wooded property in Dornoch, south of Owen Sound.
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David Beattie, 25, of Dornoch pleaded responsible Sept. 22 in an Owen Sound courtroom to manslaughter and indignity to a deceased physique as a part of a plea settlement. In return, the Crown agreed to withdraw a cost of second-degree homicide.
Sentencing submissions are to be made in Owen Sound [today.] Beattie stays in custody. He’s the second particular person to plead responsible within the case.
A press release of agreed information stated Beattie admitted he deliberately shot Panchyshyn and so is responsible of voluntary manslaughter. Beattie believed it was self-defence, although he agreed he used extreme pressure. It was agreed “provocation was a factor.”
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The mix of “excessive force self-defence and provocation is sufficient to raise a reasonable doubt as to David Beattie’s intent,” the agreed information stated. Due to this fact, the Crown agreed to a plea to the lesser, included offence of voluntary manslaughter as an alternative of second-degree homicide.
Dwayne Hammond, now 40, pleaded responsible on April 4, 2019 to being an adjunct after the very fact to homicide and obtained 5 years in jail, much less pre-sentence custody. He lived with Beattie in Dornoch at 395195 Concession 2, Chatsworth Township.
The Crown withdrew charges in opposition to Hammond of second-degree homicide, providing an indignity to a physique and possession of ammunition whereas prohibited. A publication ban on among the proof in that case ends when Beattie’s charges are handled.
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Superior Courtroom Justice F. Dawson’s Sept. 22 endorsement stated Beattie pleaded responsible to manslaughter and indignity to a deceased physique and convictions have been registered.
The assertion of agreed information in Beattie’s case lays out the circumstances of Panchyshyn’s disappearance and the altering tales that led to the fees finally laid.
The assertion says Panchyshyn, who was hooked on methamphetamine, was dwelling along with his grandfather when the younger man was reported lacking on Dec. 20, 2017 to Saugeen Shores police.
Beattie and his second cousin, Hammond, informed police they’d final seen Panchyshyn Dec. 13, 2017, when Hammond had dropped him off in Owen Sound and noticed him strolling towards the bus station. But it surely wasn’t true, the assertion stated.
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As a substitute, Panchyshyn, Beattie, Hammond and a mutual pal travelled to Tiverton, the place they bought and used methamphetamine. They dropped off the mutual pal, Panchyshyn stopped by his dwelling and fetched his laptop computer and his grandfather’s rifle, after which the three went to Dornoch.
They drove towards London in a snowstorm and obtained caught in a ditch close to Clandeboyne, north of London. After Hammond’s relative in St. Marys rescued them, Hammond and Panchyshyn drove on to London and purchased about 10 grams of meth. All of them drove again to Dornoch, the agreed information stated.
On March 17, 2018, police arrested Hammond and Beattie for indignity to a deceased physique, two days after a police search discovered Panchyshyn’s dismembered physique, in a two-by-two foot field, a fireplace pit and elsewhere on the Dornoch property.
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At first, Beattie claimed to police he was asleep on the sofa when he heard a bang from upstairs. He discovered Panchyshyn deceased on the ground there, he informed police, the agreed information stated.
Beattie stated he and Hammond put a plastic bag over the sufferer’s bloody head, wrapped him in a blanket and dragged his physique into the woods. Beattie helped clear up the blood inside, he stated.
In January 2018, whereas Beattie was in jail for an additional offence, he saved listening to police have been coming. Upon his launch, he informed Hammond they wanted to “get rid of the body” and “come up with a story.” They discovered and disposed of the physique a number of weeks earlier than police found it, the assertion stated.
Beattie stated he held a flashlight whereas Hammond used a noticed to dismember Panchyshyn’s frozen physique. They couldn’t bury him as a result of the bottom was frozen. Beattie admitted he helped Hammond destroy proof of the murder.
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“At that time, Mr. Beattie denied any involvement with the gun or with Nolan Panchyshyn’s death,” the agreed information stated.
In accordance with that assertion, Hammond’s preliminary model of the story was that Panchyshyn struck Beattie over the top with a baseball bat, knocking Beattie unconscious and twitching, throughout an argument.
Hammond informed police Panychyshyn then obtained the gun from the automotive and Hammond, fearing Beattie could be shot, struggled with Panchyshyn upstairs “and the gun went off.”
Hammond stated Beattie helped reduce up the physique, opposite to Beattie’s model of occasions, and helped do away with the gun.
Hammond took police to the scene and confirmed them the place he stated occasions unfolded, together with to close by Bell’s Lake, the place Hammond stated he’d thrown the gun, having eliminated the figuring out inventory and burned it, and eliminated the bolt. Police discovered the remnant of the gun within the lake.
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Police then charged Hammond with second-degree homicide and indignity to a deceased physique, whereas Beattie was charged with indignity to a deceased physique.
However on Aug. 18, 2018, Hammond gave police one other assertion. Police already realized he’d been telling individuals in jail it was Beattie who shot Panchyshyn “but that he was taking the fall because he loved David Beattie like a son.”
In Hammond’s new model of occasions, Beattie and Panchyshyn weren’t getting alongside on the experience dwelling from St. Marys and he needed to break them up a number of occasions earlier than it obtained bodily, the agreed information stated.
Throughout a heated argument between them, Panchyshyn grabbed a baseball bat and as Hammond tried to intervene, Panchyshyn unintentionally hit Hammond’s head with the bat, not Beattie’s head as Hammond initially informed police.
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Whereas “spacey” however not unconscious, Hammond heard somebody go outdoors and are available upstairs however couldn’t say for sure who it was, he informed police. He heard a gunshot go off upstairs and noticed Beattie come down the steps with a protracted gun in his fingers.
Hammond informed police he got here ahead with this info, after nearly 5 months in custody, after speaking with Beattie whereas each have been in jail and coming to imagine Beattie would commit extra felony offences.
The agreed assertion stated that although wanting to provide Beattie a second probability at life along with his girlfriend and son, Hammond puzzled “why he would waste his life in jail for a crime that he did not commit when David Beattie would just get out and commit further criminal offences.”
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Police arrested Beattie on the North Bay Jail on Oct. 22, 2018 and his charges have been upgraded to second-degree homicide and indignity to a deceased physique.
In a brand new assertion, Beattie then informed police Hammond had damaged the lock off the gun, loaded it and put it upstairs in a gun locker. In one among a number of arguments he had with Panchyshyn, every grabbed a knife however backed off after Hammond intervened.
Beattie informed police he wished Panchyshyn kicked out however Hammond wouldn’t do it. Beattie stated Panchyshyn grabbed a “Texas Mickey” (an outsized liquor bottle) throughout an argument with Beattie however Hammond grabbed it from him.
Beattie informed police he went upstairs and that Panchyshyn, with a knife, adopted and informed him to get out of the home as a result of he didn’t like the way in which he was treating Hammond.
Beattie informed police that Hammond went upstairs, grabbed the gun and pointed it at Panchyshyn. Hammond put down the gun and Panchyshyn put down the knife however after arguing extra with Beattie, Panchyshyn picked up the gun and fought with Beattie.
The agreed information stated Beattie “got the gun away from Nolan Panchyshyn who fell back onto the bed. David Beattie turned, pointed the gun at Nolan Panchyshyn and shot him in the head from approximately five to 10 feet away.”
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