Woman admits obstructing justice after homicide

“It’s not going to be a complex sentencing.”

James Giacomantonio

A Dartmouth woman has pleaded guilty to a charge of obstructing justice after a homicide on the Eastern Shore last year.

Kelly Ann Stewart, 39, was one of two people originally charged with first-degree murder in the Feb. 25, 2020, death of Jason Douglas Murphy.

Murphy, 45, of Head of Jeddore, died after he was struck by a vehicle on West Jeddore Road.

The Crown dropped the murder charge against Stewart at a preliminary inquiry in Dartmouth provincial court in January and instead charged her with being an accessory after the fact to murder and attempting to obstruct justice.

Stewart pleaded guilty to the obstruction charge Thursday, when she appeared in Nova Scotia Supreme Court in Halifax by phone with lawyer James Giacomantonio.

Prosecutor Eric Taylor told the court that between Feb. 24 and Feb. 28, 2020, Stewart attempted to mislead police in their investigation into Murphy's death.

“By doing so, she wilfully attempted to obstruct, defeat or pervert the course of justice,” Taylor said.

“That is a summary of the essential facts. We will be putting forward more fulsome facts at the sentencing hearing itself.”

Justice Denise Boudreau ordered the preparation of a presentence report and scheduled sentencing for Aug. 12.

“It's not going to be a complex sentencing,” Giacomantonio said.

Giacomantonio said lawyers will likely have a joint sentencing recommendation for the judge's consideration, but Taylor said Friday he's not sure about that.

“We're waiting to see the materials that are filed and finish our sentencing research before finalizing our position,” the Crown attorney told The Chronicle Herald.

Stewart has been free on bail since April 2020. Her release order was varied Thursday to reduce the amount pledged by her surety, her father, to $10,000 from $25,000 and to allow her to live at an apartment on Pinecrest Drive.

Stewart and her former boyfriend, Dana Matthew Wolfe, were both arrested at their home in Head of Jeddore on Feb. 27, 2020, a few hours after Murphy's body was discovered along West Jeddore Road.

Wolfe, 49, was also initially accused of first-degree murder but the charge was downgraded to second-degree at the preliminary inquiry. His

Supreme Court jury trial is set for June 2022.

Wolfe remains in custody and has not applied for bail.