New trial ordered for man previously convicted of murder in Ponoka

EDMONTON -- Alberta's Court of Appeal has ordered a new trial for a man previously convicted of second-degree murder in Ponoka. 

Ryan Applegrath, now 33, was convicted in May 2023 of the murder of 26-year-old Chantelle Firingstoney at her Ponoka home in November 2020. However, in a ruling last week, three appeal justices ruled unanimously that the judge, Eleanor J. Funk, repeatedly failed to apply the correct legal test for second-degree murder when convicting Applegarth.

Chantelle Firingstoney, a mother of four and the former common-law spouse of Applegarth, was found deceased inside her home nearly six years ago. An autopsy conducted the day after her death revealed that Firingstoney suffered multiple blunt-force traumatic injuries to her head, face, neck, torso, and extremities, and she had 12 broken ribs.

In his application for an appeal, Applegarth did not contest the trial judge's conclusion that he caused Firingstoney's death by means of an unlawful assault. He challenges the findings on the mens rea (or guilty mind) required to be convicted of second-degree murder. 

The appeals court ruled that the trial judge convicted the appellant after concluding guilt was the only reasonable inference available from the evidence presented, and that she made no finding that the appellant had the specific intent to kill.

"We conclude that the trial judge erred in law in her assessment of the necessary mens rea for second-degree murder," the appeal court states in their decision. "The resulting conviction is unsafe and must be set aside."

A date for the new trial has not yet been set. Applegarth remains in prison as he continues to serve his manslaughter sentence stemming from the murder of Jamison Louis in January 2020 in Wetaskiwin.