World · North America · 6 hrs ago
Charges in Byron Carr murder case to be withdrawn after evidence is lost
Prince Edward Island prosecutors will withdraw all charges against Todd Joseph Irving in the 1988 killing of teacher Byron Carr.
Carr, 36, was found dead in his Charlottetown home with a towel around his neck and multiple stab wounds.
Irving was charged in 2024, 35 years after the killing, with first-degree murder and interfering with human remains; he has pleaded not guilty.
Police told prosecutors that a substantial portion of the physical evidence was missing, and raised concerns about how the remaining evidence was identified, tracked and recorded.
Prosecutors say the evidence problems mean there is no reasonable likelihood of conviction, so the case can no longer go to trial.
Irving, 59, had been released on bail in July after spending 18 months in jail, and his trial was due to begin in November.
The charges are expected to be withdrawn in court, leaving Carr’s family without the chance for closure that a trial might have offered.
Charges against Todd Joseph Irving in the 1988 killing of P.E.I. teacher Byron Carr will be withdrawn because crucial evidence has been lost.
The Crown says problems with the remaining evidence mean there is no longer a reasonable likelihood of conviction.
Irving was charged with first-degree murder and interfering with human remains in 2024, 35 years after Carr was killed.
Carr was 36 when he was found dead in his home in November 1988.
Irving had pleaded not guilty, and his trial was scheduled to begin in November.
- Who
- Todd Joseph Irving, also previously known as Todd Joseph Gallant, was charged in the case. Byron Carr was the victim.
- What
- All charges against Irving will be withdrawn because crucial evidence was lost and concerns were raised about the remaining evidence.
- When
- The charges are expected to be withdrawn on Tuesday, October 13, 2026.
- Where
- The case is in P.E.I. Supreme Court. Carr was found dead in his home in P.E.I.
- Why
- The Crown says the loss of crucial evidence and issues with the remaining evidence mean there is no longer a reasonable likelihood of conviction.
This story does not have two clearly opposing sides.
Byron Carr, 36, was found dead in his home.
Todd Joseph Irving was arrested and charged with first-degree murder and interfering with human remains.
Irving was released on bail after spending 18 months in jail.
The Crown was informed by Charlottetown police that a substantial portion of the physical evidence could not be located.
The charges against Irving were expected to be withdrawn in P.E.I. Supreme Court.
- Victim
- Byron Carr, a 36-year-old P.E.I. teacher
- Charges
- First-degree murder and interfering with human remains
- Accused
- Todd Joseph Irving, also previously known as Todd Joseph Gallant
- Evidence
- A substantial portion of the physical evidence could not be located
- Arrest
- Early 2024, 35 years after Carr was killed
- Trial
- Scheduled to begin in November before the charges were set to be withdrawn
What people are saying
In this case, the loss of crucial evidence, together with the issues identified concerning the remaining evidence, means that there is no longer a reasonable likelihood of conviction and that the prosecution can no longer proceed.
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.
Sources
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