Murder charge dismissed against Chatham man who was accused of killing daughter

A Chatham-Kent man accused of killing his 22-year-old daughter will not stand trial. That's after Superior Court Justice Brian Dooley ruled on Thursday that certain evidence against David Thomas is inadmissible due to Charter Rights violations. The pretrial decision has led to the charge of first-degree murder being dismissed. A main point of contention, officers searching Thomas' cell phone. The decision said a police officer picked up Thomas' phone after he threw it in their direction. The officer saw an image on the screen of the phone and looked at other images. Justice Dooley said this was a charter violation. However, Dooley said there's no reason to think police made threats or promises or acted in an oppressive way. The charge stems from an incident more than four years ago. In June 2022, the body of David Thomas' daughter, Bailey Sellers, was found after a fire at her home in Chatham. Thomas fled the area and became the subject of a Canada-wide arrest warrant. In May 2024, he was located and apprehended on Vancouver Island. The Crown Attorney's Office is appealing Justice Dooley's ruling on the admissibility of the evidence against Thomas. Chatham-Kent Police have issued a statement saying, We are confident that our officers acted in accordance with their lawful duties and responsibilities. We recognize the ongoing impact these proceedings have on the victims' family and loved ones. Our thoughts remain with them during this difficult time. A timeline for the appeal of the Superior Court's ruling remains to be set. Dalton Chen, CBC News, Windsor.