KAWARTHA LAKES-A Fenelon Falls man accused of second-degree murder in the death of his mother will no longer be eligible for a community court diversion program.
Shortly after 7:30 p.m. on October 2, 2023, the City of Kawartha Lakes OPP responded to the death of 79-year-old Marilyn Whiteway at a residence on Kanata Trail. On October 11, 2023 at approximately 1:30 p.m. officers located and arrested the suspect outside a residence in the Town of Lindsay.
At the time of his arrest for second-degree murder, Whiteway was out on bail for charges stemming from a September 2022 drug investigation. He appeared in Community Court in Lindsay today for what originally was to be a diversion program deal. Diversion programs are usually meant for non-violent criminal charges where the offender agrees to undergo counselling and treatment in exchange for jail time. That deal was taken off the table given the new charges he is facing.
In this case, Whiteway was facing numerous drug trafficking charges stemming from an investigation into drug trafficking in the City after several overdoses specifically in the village of Fenelon Falls. According to police investigators seized more than $56,000, quantities of suspected cocaine, fentanyl, carfentanil, crystal methamphetamine, Percocet and cash. Nine people were charged including Whiteway. He was charged with five counts of drug trafficking and two counts of possession of proceeds of property obtained by crime.
In 2019 Whiteway was charged with break, enter dwelling house and two counts of mischief under $5,000 when police were called to a break-and-enter in progress.
The officers attended a residence on Sugarbush Trail where two males were located inside the residence, which was unoccupied at the time according to police.
In early 2020 our sources say Whiteway was charged with assault after a domestic choking incident. He was released on $1,000 bail, put on a peace bond and ordered to keep the peace and be of good behaviour. He was told not to communicate with the victim and also prohibited from having any weapons. A few months later he was charged with failing to comply with that peace bond but once again released.
Not long after that incident, Whiteway was charged once again after police seized 57.9 grams of cocaine, as well as prescription medication in May of 2020.
On Friday, May 8, 2020 a Kawartha Lakes Police Service officer observed two people who police say were “wanted” on the strength of outstanding arrest warrants. The individuals were arrested in the area of St. Paul Street in Lindsay.
Police say further investigation revealed the pair were in possession of cocaine as well as prescription medication according to police.
Whiteway was charged with possession of a controlled substance for the purpose of trafficking, possession of a controlled substance and possession of proceeds of crime under $5000.
Natasha Ann Davey, 40, of Lindsay was charged with possession of a controlled substance for the purpose of trafficking, possession of a controlled substance, possession of proceeds of crime under $5000 and theft under $5000.
Given the new charges of second-degree murder against Whiteway, the crown withdrew the offer of a diversion program.
Whiteway will appear in court again on November 3, when a bail hearing date on all charges could be set.