Charges withdrawn in 1988 P.E.I. murder case after police lose crucial evidence

CHARLOTTETOWN · Prosecutors in Prince Edward Island have withdrawn all charges in the 1988 murder of Byron Carr after police lost most of the physical evidence. The P.E.I. Crown Attorney's Office said Charlottetown Police could not locate extensive crucial evidence from the investigation. This loss means there is no longer a reasonable likelihood of conviction. Todd Joseph Gallant, also known as Todd Joseph Irving, was charged with first-degree murder and interfering with human remains in 2024. He had pleaded not guilty and a jury trial was scheduled for November.

The Crown office stated it learned in August that a substantial portion of the physical evidence related to the prosecution could not be found. A police review later confirmed the overwhelming majority of the collected evidence had been lost. Crown attorney Christopher White called the outcome tremendously disappointing. He said a huge amount of work and office resources had gone into the file. The Crown said it extends its sincerest condolences to the family of Byron Carr.

Interim Charlottetown police Chief Darren MacDougall said the missing items include a knife collected in 1988 and a towel believed used to strangle Carr. He attributed the loss to inadequate property management systems from that era, noting there was no inventory or ledger in 1988. Evidence sent to a crime lab for testing was returned but not properly logged, and items were misplaced after a police station move in 1999. MacDougall said officers knew some evidence was missing when the case reopened in 2007 but believed new DNA techniques could overcome the challenge.

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This is a deeply disappointing outcome for our office and for the Crown Attorneys who have worked diligently over the past several years to bring this matter to trial.

The Crown's statement said the result denies Carr's family the opportunity for closure after nearly four decades. MacDougall said the force recognizes the seriousness of the concerns identified. He said investigative practices and evidence management have evolved considerably since 1988. MacDougall told CBC News police had significant forensic DNA evidence and believed it met the threshold to charge Gallant. He said they were aware of the challenges but thought they could overcome them.

Gallant was arrested in 2024 after police used genetic genealogy, uploading a DNA profile from crime scene exhibits to genealogy sites. Former chief Brad MacConnell said the technology was a game-changer. At a July bail hearing, the court heard Gallant's DNA was found on Carr's body, on underwear left at the scene and on a cigarette butt. His DNA was not found on the towel or a sock possibly used as a glove. White said the Crown was confident until concerns about evidence viability emerged, leaving no further litigation prospects.

Byron Carr, a 36-year-old teacher, was found strangled and stabbed in his Charlottetown home on Nov. 11, 1988. A note on a wall in the killer's handwriting read, "I WILL KILL AGAIN." Investigators said evidence suggested Carr was killed after a sexual encounter with another man. MacConnell said the death occurred when the LGBTQIA2S+ community did not feel welcome, forcing many to socialize in the shadows. Gallant, who had been in jail for over two years, was released on bail before the charges were formally withdrawn in court on Tuesday.

Outside the courthouse, Gallant was asked about his plans. He said, "Do like any good Islander does: get a job, go to work, put this in the past." He declined to say if he would pursue legal action. MacDougall said police have no evidence pointing to another suspect but noted murder cases have no statute of limitations. He expressed confidence that current evidence handling standards are solid and said he is not worried about the integrity of other force investigations.

With files from The Canadian Press, Global News and CBC News