Note: This article contained an error when it was first posted online and has now been corrected. The appeal was allowed and a new trial has been ordered.
Dylon Samuel Saddleback's appeal of his life sentence for the killing of Blain Dennehy of Montana First Nation was allowed by the Alberta Court of Appeal on Nov. 1, 2024 and a new trial has been ordered.
On July 28, 2020, EMS and Maskwacis RCMP responded to a severely injured male outside of a residence on Montana First Nation.
Dennehy, 23, was declared deceased on the scene. The death was determined to be suspicious.
As the result of the investigation, Saddleback was arrested without issue. He was 19-years-old at the time of the offence.
Saddleback was convicted of first/second degree murder on Dec. 6, 2022, by the Hon. Justice T. Clackson.
According to court documents, Dennehy was killed outside a trailer where a group of people had gathered to socialize.
At some point in the evening, everyone but the victim and Saddleback had left to go to a birthday party nearby.
A material issue at trial was when the group left, which was relevant because it would show how long Dennehy and Saddleback were alone at the trailer.
The appeal argued the Crown hadn't proved its case beyond a reasonable doubt because it had not ruled out the possibility that after the group left, someone other than Saddleback came to the trailer and killed Dennehy.
A phone call made by the victim shortly before his death and how it was relied on at trial was another focus of the appeal.
It was uncontested at trial that Dennehy was on the phone for 10 to 20 minutes between 10 and 10: 30 p.m.
Text messages submitted as evidence showed Dennehy had stated he "had to fight that little guy," which the witness took to mean someone younger than himself.
Because of the timeline, the trial judge found there was insufficient time for someone else to have arrived and killed Dennehy.
"When one considers all the evidence there's no rationality to the possibility that someone else killed Joshua," said Clackson.
Clackson concluded Dennehy died during the phone call because the witness on the other end of the line heard noises "that were consistent with the fatal beating."
Dennehy was found deceased at 10:30 p.m.
The panel of appeal judges concluded the trial judge relied on inadmissable hearsay evidence and allowed the appeal.
"We agree with the appellant that the trial judge relied on Joshua's untested declaration for the truth of its contents to support a finding of fact that was material to the appellant's conviction," stated the panel.
"We are obliged to allow the appeal ... the conviction is quashed and a new trial is ordered."
Saddleback remains in custody, however, he can apply for pre-trial release at the next available Court of King's bench appearance date when a new trial is scheduled or before any duty judge of the appeal court.
One of the appeal court panel justices, J. A. Crighton, disagreed with the conclusion of the other panel judges, however, the majority ruled and the appeal was allowed.
"The deceased ... was found bludgeoned to death ... the appellant, who was arrested at the scene, had the deceased's blood to varying degrees on his shows and clothing," said Crighton.
Crighton also noted an axe covered in Dennehy's blood was also found next to the spot where police first saw the accused standing.
"For these reasons, I would dismiss the appeal," Crighton stated in conclusion.
The appeal was heard on April 4, 2024 in Edmonton and the court's decision was filed on Nov. 1, 2024.
