Father, son charged with Elsipogtog murder appear in court

Alexander Matthew Peters, 36, of Elsipogtog First Nation died in that community on Oct. 7.  (Alexander Peters/Facebook - image credit)
Alexander Matthew Peters, 36, of Elsipogtog First Nation died in that community on Oct. 7. (Alexander Peters/Facebook - image credit)

A father and son accused of killing a 36-year-old man in Elsipogtog First Nation last month appeared in Moncton provincial court Friday.

Nibogtoog Leonard Francis, 46, and his father Joseph Harvey Francis, 69, of Elsipogtog are jointly charged with second-degree murder.

They're charged in connection with the Oct. 7 death of Alexander Matthew Peters in Elsipogtog in eastern New Brunswick.

Second-degree murder is a homicide that's generally deliberate but unplanned.

Election delayed

The two were scheduled to elect their mode of trial during the appearance Friday, but lawyers representing them say they only recently received disclosure of the Crown's evidence and needed more time.

"You'll likely see an election at that point, and hopefully some dates set for a preliminary inquiry," defence lawyer Brian Munro, representing Joseph Harvey Francis, told Judge Suzanne Bernard.

The case is scheduled to return to court Nov. 29. The two remain in custody.

Shane Magee/CBC
Shane Magee/CBC

New Brunswick RCMP previously said officers were called to a report of an "altercation" at a home on Oak Street around 6 a.m. on Oct. 7.

Peters had what appeared to be stab wounds and died at the scene, police said.

Nibogtoog Leonard Francis was arrested that day and charged the following day. Joseph Harvey Francis was arrested Oct. 24 and charged the following day.

Nibogtoog Leonard Francis is also charged with assault causing bodily harm against Shyleigh Simon, described in  Peters's obituary as his partner, on Oct. 7, assaulting Simon with a knife on the same date, and uttering death threats to Simon.

Peters's obituary describes him as a talented artist who loved to draw and bead.

"He was creative, precise, patient and a perfectionist with a very steady hand," the obituary says.