ESTEVAN — A preliminary hearing is set for Dwayne Maxie and Jeremy Whitebear, the two people charged in connection with a homicide at the White Bear First Nations last year.
The hearing, which will determine if there is enough evidence for the case to proceed to stand trial, is scheduled for Oct. 20-24 in Estevan Provincial Court. Maxie is charged with first-degree murder and Whitebear is charged with second-degree murder in the death of Talon Lonethunder last December.
Maxie was originally charged with manslaughter. He is also facing a charge of violating his release order, stemming from when he was released. He has been in custody since before the first-degree murder charge was laid. Whitebear is also in custody.
Their most recent court appearance was July 9 in Estevan Provincial Court. It was supposed to be in Carlyle, but it was moved to Estevan due to a technical problem.
Maxie's lawyer, Linh Pham, said he was still waiting for some disclosure on the matter, a statement that was echoed by Joelle Graham, speaking on behalf of Whitebear's attorney Aleida Oberholzer. Judge Marylynne Beaton added it shouldn't prevent the preliminary hearing from being scheduled.
Crown prosecutor Travis Avery said he has received a disclosure package July 8 from the police, and is in the process of vetting it. He plans on getting it to the attorneys in the near future.
Avery also asked to have the preliminary hearing in Estevan rather than Carlyle due to the limited space in the town's courtroom and security concerns that emerged from recent similar sessions in Carlyle and another circuit point.
"Particular to the Carlyle circuit point, a very recent preliminary hearing on a very similar charge resulted in the families of both the accused and the deceased being in extremely close proximity to each other," said Avery.
The prosecutor went on to say there is only one washroom in Carlyle and very limited police and sheriff resources. Estevan has a larger courtroom for those who want to and are entitled to attend, and safety won't be sacrificed. Avery pointed out there's more than one door, one stairwell and washroom in Estevan. Also, the Estevan Police Service is across a back alley from the courthouse and the RCMP has a detachment in the city.
Avery said he was told by Southeast Regional Victim Services that the Carlyle RCMP had to be called four times to keep the peace during the preliminary hearing.
He said he has also contacted the RCMP about the matter, he knows the location of his witnesses and he is confident he can make travel arrangements.
Pham said he had no issue with the hearing happening in Estevan.
Both Maxie and Whitebear have elected to have their trial before a judge and jury, but Pham said he has instructions to discuss a potential re-election to judge alone. Beaton said re-election could happen any time before the hearing.
Background: At approximately 2:30 a.m. on Dec. 3, 2024, the Carlyle RCMP received a report of an injured individual at a residence at White Bear. Officers immediately responded and located the 33-year-old Lonethunder deceased.
Charges were announced Dec. 5, 2024. Both men were on the run at that time. Whitebear was arrested two days later at White Bear. Maxie was apprehended Dec. 12 in Regina. They have since had multiple court appearances.
Charges against them have not been proven in court.
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