Tuesday , June 15 2021

The murder sentence was rejected against Calgary's former pastor, accused of his son's death

Former pastor of Calgary, who is accused of killing his child, will not be prosecuted after his indictment has been withdrawn by the prosecutor because of concerns about medical evidence, according to the family of the accused.

33-year-old Daniel Nell was initially charged with a second-degree murder, but was reduced to murder. His son, Cyrus Nell, died in a hospital in August 2015, only a day after he was found in medical trouble at his paramedics home.

The baby's father was arrested and charged almost two years later in May 2017.

Although Crown's office has confirmed the allegations, prosecutor Shane Parker told CBC News that "no details will be provided".

But in a written statement Nell's family says he was told that the charge was withdrawn "as a result of concern [the Crown] with the medical evidence that can make this accusation dangerous to continue.

The fee charged means that the Crown can activate the case within one year, but this is extremely rare.

The three-month Cyrus Nell died in 2015. His organs were donated, according to the baby's family. (Calgary Police Service)

Daniel Nell says he and his wife are relieved of the outcome and thanked the supporters who "believe in my innocence."

"We are sad that our life is turned upside down by this claim, which has led to the loss of so much," Nel writes.

"We hope and pray that this breakdown will be redeemed, and our lives and reputation will be restored."

After his death, the organs of the baby were donated. Nel and his wife say they do not know who received their organs donated by their son, but "pray daily for them."

Defense Attorney Chris Archer said the date of his client's trial on March 4, 2019 was released.

Investigators who believe that the death of a baby is a murder claimed that in 2017 there was no plausible explanation for his death.

Nell was a pastor at Rockiew Alliance Church in Pinirridge, northeastern Calgary.

Just before the charge was filed, he was left on administrative leave.

The family of Nell has asked for privacy so that she can mourn in peace.

"We can now mourn and continue to honor the loving memory of our son Cyrus … the memory of our son is one of life and love."

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