A Timmins judge is upholding a first-degree murder charge against Nathan Koostachin in the death of a local teenager.

Justice Ralph Carr weighed evidence presented during a preliminary trial held two weeks ago.  The evidence presented is subject to a publication ban.

Defense Lawyer Sharon Sabourin had requested Carr consider a lesser charge of manslaughter instead.

The Criminal Code of Canada defines first-degree murder as an act that was “planned and deliberate.”

A conviction of manslaughter would suggest the killing was done “in the heat of passion caused by sudden provocation.”

Koostachin is accused of killing 19-year old Austin Theriault in Bozzer Park in July 2016.

The case has been transferred over to the Superior Court of Justice in Timmins.

A trial start date has yet to be determined.

Filed under: Local News