All charges in a decades-old murder cold case that were laid two years ago after genetic genealogy testing have been withdrawn in Prince Edward Island, after police said they had lost the majority of the physical evidence.
The P.E.I. Crown Attorney’s Office said Charlottetown Police lost “extensive crucial evidence” from the investigation into Byron Carr’s 1988 death, meaning there is no longer a reasonable likelihood of conviction.
Todd Joseph Gallant, 59, who was also known as Todd Joseph Irving, was charged with first-degree murder and interfering with human remains in 2024.
Gallant had pleaded not guilty to the charges and a jury trial was scheduled for next month.
In a statement, the Crown Attorney’s Office said it was informed in August that a “substantial portion of the physical evidence” could not be located.
A review by police confirmed the “overwhelming majority” of the evidence collected as part of the investigation has been lost, the Crown added.
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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worked diligently over the past several years to bring this matter to trial,” the office said about the charges being withdrawn.
“Most importantly, the Crown Attorneys’ Office recognizes the impact this outcome will have on the family of Byron Carr, who after nearly four decades will be denied the opportunity for closure that a trial may have provided. We extend our sincerest condolences to them.”
Arrest after genetic genealogy testing
Carr, a former teacher, was 36 years old when he was found strangled and stabbed to death in his bedroom on Nov. 11, 1988.
One of the most chilling details at the crime scene was a note written on a wall in the killer’s apparent handwriting: “I WILL KILL AGAIN.”
The cold case was reopened in 2007, and while there were no new leads at the time, investigators did have DNA evidence. Specifically, underwear that was believed to belong to the killer was found at the scene.
During a news conference in January 2024, then-police Chief Brad MacConnell said the “bigger development” in the case began in 2022 when police started using genetic genealogy.
He went on to say that crime scene exhibits were used to create a DNA profile that was uploaded to family genealogy sites to find common relatives.
“Genetic genealogy is a game-changer for police in how we investigate major crimes,” MacConnell said.
MacConnell said Gallant, who would have been 21 at the time of the murder, had been identified as a suspect much earlier in the investigation.
There were also questions whether the murder was hate-motivated. Investigators have said it was believed Carr was killed after a sexual encounter with another man.
MacConnell said in 2024 that Carr’s death “occurred during a dark and unfortunate time in our province’s history when members of the LGBTQIA2S+ community did not feel welcomed or accepted forcing many, like Byron, to socialize in the shadows and take unnecessary risks.”
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