THUNDER BAY — A 22-year-old Marathon man will spend another five years in jail after pleading guilty to manslaughter in the death of Charity Bittern-Moses.
Dallas Malley was arrested and charged with second-degree murder on July 15, 2023 after an alcohol and drug fuelled incident resulted in Malley stabbing Bittern-Moses, who he had just met the night before.
On Thursday, Malley pleaded not guilty to second-degree murder but instead guilty to the lesser charge of manslaughter in a Thunder Bay courtroom.
Justice Chantal Brochu accepted a joint submission from both the Crown and defence and sentenced Malley to eight years in custody minus time he served pre-sentence on an enhanced basis.
He has a little more than five years left to serve.
According to the agreed statement of facts, both Malley and Bittern-Moses were drinking and consuming drugs the evening of July 14, 2023 with another individual in Marathon.
That individual left the pair around 12:15 a.m on July 15, 2023 and Malley and Bittern were then together in the other individual’s apartment alone from about 12:25 a.m. to 1 a.m.
It’s not known what happened in the apartment during that time, but police later found it in disarray.
Malley told police there had been an altercation, that Bittern-Moses had pushed him on the stairs, resulting in an injury to his elbow.
Malley then decided to leave and go to his mother’s apartment for something to eat as he knew she wasn’t home.
As he was walking toward’s his mother’s home, he heard Bittern-Moses exit the apartment building and follow him. Malley said she ran up behind him.
He turned around to face her and observed her to be charging at him.
He didn’t see anything in her hands and doesn’t remember what she was saying to him.
Malley produced a knife he referred to as a Texas toothpick that he always carried for protection and he stabbed her as they came together.
Malley conceded the stabbing was not reasonable in the circumstances.
Someone in the area recorded the incident on their phone, but the video quality was too poor to be admissible as evidence in court.
However, Malley can be heard yelling at Bittern-Moses and Bittern-Moses can be heard screaming for help after being stabbed.
The individual who recorded the incident called 911.
When police found Malley in the area, he dropped the knife.
Bittern-Moses’ blood was found on the knife.
Bittern-Moses succumbed to her injuries and was pronounced deceased at 3:23 a.m. on July 15, 2023.
Her cause of death was a stab wound to the chest.
Justice Brochu said while this was a violent crime and Malley had a limited criminal record, she also took into consideration he is a youthful offender who has struggled with addiction and he has expressed remorse.
Malley is also now subject to a lifetime weapons prohibition.