Father, son charged with Elsipogtog murder appear in court

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

Nibogtoog Leonard Francis, 46, and his fatherJoseph Harvey Francis, 69, ofElsipogtog are jointly charged with second-degree murder.

They're charged in connection with the Oct. 7 death of Alexander Matthew Peters inElsipogtog 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, representingJoseph Harvey Francis, told JudgeSuzanne Bernard.

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

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'sobituary as his partner, on Oct. 7, assaulting Simon with a knifeon the same date, and uttering death threats to Simon.

Peters's obituary describes himas 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.