One of six people accused in the shooting death of 18-year-old Joedin Leger in Moncton earlier this year is seeking bail.
The lawyer for Jerek John England, 23, filed the application in the Court of Queen's Bench on Monday seeking to be released while the case continues through court.
England faces a first-degree murder charge in connection with the April 25 shooting death of Leger in Moncton. First-degree murder is a homicide that's both planned and deliberate.
Bail for those facing murder charges is rare.
Defence lawyer James McConnell filed the application and sought a publication ban on documents that contain information not previously public. The ban was granted. Such bans are standard for information given at bail hearings.
In custody since June
England has been held at the Saint John Regional Correctional Centre since being charged June 17.
While six people are charged with first-degree murder, one was under the age of 18 at the time of the alleged crime. His case is moving through youth court, and he cannot be named. He returns to court Sept. 21, when a bail hearing may be scheduled.
England is jointly charged with his younger brother Hunter Nash England, 20, Riley Philips, 18, Hayden Joseph James LeBlanc, 18, and 24-year-old Nicholas Joseph James McAvoy.
Because they are jointly charged, they will be tried together. None of the others have applied for bail. All five were scheduled to return to provincial court Aug. 25.
The application in the Court of Queen's Bench seeking England's release is scheduled to be heard by a judge Aug. 17.
RCMP have previously said police were called around 6:10 a.m. about shots fired at a Logan Lane duplex in Moncton's north end neighbourhood.
Leger had been shot and was taken to hospital, where he later died. RCMP have said another person was inside the home but wasn't injured.
Police said they determined a car had pulled up to the home, four people got out and approached the house.
"Several shots" were fired, police said in a news release, before the four got back into a vehicle and fled the area.