Scott Robert Nelson was one of 14 inmates charged after a 2016 riot at‘s federal prison left one inmate dead, several others injured and over $3 million in damage to the prison.
In a written decision dated March 11, Justice Leurer said he agreed with the Crown’s argument that the trial judge failed to consider that even if Nelson didn’t directly participate in the riot he could be found guilty as an aider and abettor to those who did. On Dec. 14, 2016, inmates on ranges E3 and E4 refused to comply with an order from prison officials that inmates would be confined to their cells. Shortly after 1 p.m., the prison warden sent correctional officers to range E3 to speak with a large group of inmates refusing to return to their cells.One of the officers identified Nelson as one of those inmates refusing to “lock up.” The officer also testified that Nelson and two other inmates were “inciting” others.
Justice Leurer, however, said he agreed with the Crown’s argument that the trial judge failed to consider if Nelson’s actions before the riot constituted aiding or abetting of the rioters.
Source: Law Daily Report (lawdailyreport.net)
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