Skip to content

Second deal in Earl Clapp death

Manslaughter plea sees prosecution nearing conclusion Ontario Court of Justice proceedings stemming from the tragic death of Pelham resident Earl Clapp, in the fall of 2020, are approaching an end.
Police investigate the discovery of Earl Clapp’s body along Highway 20, in Fenwick, on Friday, Oct. 2, 2020. DAVE BURKET

Manslaughter plea sees prosecution nearing conclusion

Ontario Court of Justice proceedings stemming from the tragic death of Pelham resident Earl Clapp, in the fall of 2020, are approaching an end.

Jason Lusted, 50, and co-accused Mathew MacInnes, 40, were both initially charged with second-degree murder in the case. Lusted pleaded guilty to manslaughter in a St. Catharines courtroom on Thursday, which was accepted by Justice Joseph DeFilippis, the presiding judge.

Toronto attorneys Andrew Furgiele and Cara Barbisan were present in court defending Lusted. Robert Mahler represented the Crown.

Co-accused MacInnes, of West Lincoln, had his second-degree murder charge withdrawn in March after he pleaded guilty to several less-serious charges, including attempted theft over $5000, and had been expected to provide testimony for the prosecution. He was sentenced to time served, having been behind bars 515 days since his arrest, and was released from custody. Details of his plea bargain with the Crown are subject to a publication ban for the time being.

Lusted understood that by pleading guilty, he was giving up his right to a trial, and to challenge evidence in the case. He also understood that there will be a sentencing range put before the judge, who will have the ultimate determination on sentencing.

A statement of facts, agreed to by both Lusted’s lawyers and the Crown, was read aloud in the courtroom.

On October 2, 2020, Earl Clapp, 74, was killed while interrupting a robbery in progress on his rural property in Fenwick. Clapp had three metal utility trailers behind a locked gate, just south of his residence, which were the target of Lusted.

Clapp was awakened by noise from a power tool that Lusted used in an attempt to cut free one of the locked trailers. Lusted was warned by his lookout that a man was coming down the road in their direction. In an attempt to flee the scene, Lusted’s black Ford Expedition made a deliberate right turn toward Clapp, colliding with him and trapping him under the vehicle. Lusted, whose license was suspended at the time of the crime, did not stop the vehicle, and continued to drive almost two kilometres at a high speed with Clapp pinned underneath. Clapp’s body was discovered by a passing motorist on Highway 20 just before 3 AM.

Arrested and charged with Clapp’s murder on October 10, 2020, Lusted testified that he was “dope sick,” or experiencing drug withdrawal, during the commission of the crime. The pair had purchased fentanyl and crystal methamphetamine the night the two drove around Pelham in search of a trailer to steal.

Lusted’s criminal record includes another murder case. In 2006, he was implicated in the death of a Hamilton resident, and pleaded guilty to accessory after the fact in connection with that fatal execution-style shooting, by helping to burn the victim’s body. He was sentenced to ten years, and was granted day parole in 2015.

As of 2014, Lusted had accumulated 40 convictions, including assault, thefts, impersonation, and parole violations. In his own words at a previous trial, he declared, “I'm not sitting up here telling you or the jury or anybody that I'm a choir boy. I'm a career criminal.”

Victim impact statements are expected to be presented on Tuesday, June 7, when Lusted is back in St. Catharines court for sentencing.



Reader Feedback

Don Rickers

About the Author: Don Rickers

A life-long Niagara resident, Don Rickers worked for 35 years in university and private school education. He segued into journalism in his retirement with the Voice of Pelham, and now PelhamToday
Read more