Sign up for our free daily newsletter
Jannay Blackbird leaves Court of King's Bench in Battleford after being acquitted. (Angela Brown/battlefordsNOW Staff)
Trial concludes

Woman charged in Moosomin murder, found not guilty

Jan 5, 2024 | 5:00 PM

The last person accused in the Damian Moosomin murder case will not spend any more time behind bars.

On Friday, Justice Heather MacMillan-Brown found 34-year-old Jannay Blackbird not guilty of second-degree murder, manslaughter, or aiding and abetting.

The hearing was held at Court of King’s Bench in the Town of Battleford and follows the trial that wrapped up on Sept. 15, 2023.

MacMillan-Brown explained there was insufficient evidence to find Blackbird guilty on any of the charges.

Back in April 2020 Moosomin was beaten to death in the basement of a home in North Battleford. His “broken and battered body” was found on May 16, 2020, under a pile of leaves, furniture, and other debris in the backyard of the property off of 105 St. E.

In her report, MacMillan-Brown said Blackbird was “undoubtedly involved.” She was in the home at the time of the attack on Moosomin and participated in the events leading to his death. But she noted the nature and extent of Blackbird’s involvement was questionable, and that was the central issue at the trial.

The judge pointed out Stormy Wapass-Semaganis was an unreliable witness during the trial.

The judge said Wapass-Semaganis admitted to one lie. She previously told police she didn’t see anyone tie Moosomin up during the assault, but during the trial, said she saw Blackbird tie him up.

“Her lie was unequivocal and not on a peripheral matter,” the judge said.

The judge noted Wapass-Semaganis also said during the trial she happened to be downstairs at the exact same time she claimed she saw Blackbird taking an active role in the attack on Moosomin – by tying him up, putting a red cloth in his mouth to stifle him, and strangling him.

Witness Dakota Roy said he saw Wapass-Semaganis strangle Moosomin.

He noted everyone was doing meth that night and were on a “binge.”

The judge found Dakota Roy’s testimony more believable, despite his difficulty on the stand due to anxiety. Dakota testified he saw Blackbird kicking Moosomin in the legs. He also said he saw Wapass-Semaganis and Tye Partridge hurting Moosomin. The judge said she accepted Roy’s testimony that Blackbird kicked Moosomin.

The judge determined that Tye Partridge was the main offender in assaulting Moosomin. She noted that she couldn’t conclude that Blackbird’s actions in kicking Moosomin provided actual assistance to Partridge or that Blackbird intended to assist or encourage Partridge in hurting Moosomin.

“Her participation as I have found it to be against the backdrop of all the evidence is insufficient to prove the necessary actus reus or mens rea of aiding and abetting beyond a reasonable doubt,” MacMillan-Brown said.

“We’re very pleased with the decision,” said Nicholas Stooshinoff, Blackbird’s defense attorney. “The decision was very thorough. It analyzed the law accurately, and the court spent a great deal of time analyzing the evidence as well as giving very in-depth, thoughtful explanations for why she found the evidence as she found it to be, which resulted in the acquittal of Jannay Blackbird.”

Several individuals were charged in the case.

Stormy Wapass-Semaganis, 25, of Edmonton, Alta., pleaded guilty to accessory after the fact to manslaughter at the Court of King’s Bench on Oct. 10, 2023. She had been in custody since April of 2021. She was sentenced to time served and 12 months probation. A charge of manslaughter was withdrawn.

Tye Partridge, 26, of Moosomin First Nation, was sentenced to 15 years in prison on May 27 after pleading guilty to manslaughter in the case. A charge of first-degree murder was withdrawn.

Denver Roy, 38, of Sweetgrass First Nation received 10 months in custody and nine months probation on Oct. 29, 2021, after pleading guilty to the charge of offering an indignity to a dead body. An additional charge of accessory after the fact was withdrawn.

Melissa Semaganis and a male youth under the age of 18 at the time of the incident, who were both facing a charge of accessory after the fact to murder, saw a stay of proceedings in their cases on April 25, 2022.

Angela.Brown@pattisonmedia.com

On X: @battlefordsnow

View Comments