Nova Scotia prosecutors are considering whether to upgrade one of three attempted murder charges laid against Markel Jason Downey after one of the victims in the 2014 shooting has died.

Ashley MacLean Kearse was paralyzed from the waist down during the Nov. 30, 2014, home invasion and triple shooting in Cole Harbour that left two others injured.

Kearse died earlier this week. She was in her early 20s.

Prosecutors may have the option of charging Downey with murder if they believe Kearse's death is connected to the injuries she sustained in the shooting.

Although Downey has a court hearing scheduled this week, it's unclear how long it would be before any charges might be upgraded.

"There's still some things that have to be done before that conclusion can be reached," Nova Scotia Public Prosecution Service spokeswoman Chris Hansen said in an interview. "It could be days or weeks — or even months — before that determination is made."

Markel Jason Downey returns to Nova Scotia Supreme Court in Halifax on Thursday. (CBC)

Hansen would not discuss what factors will go into Crown's decision on whether it will upgrade the charge.

"At the moment, this is a matter of investigation so what I wouldn't want to do is jeopardize any of that," she said. "We'll have to just wait and see what happens in the next few weeks."

Kearse testified at first trial

Downey returns to Nova Scotia Supreme Court in Halifax on Thursday to find out whether his new trial in this case can be moved from May 2019 to January 2019.

He was acquitted in a previous trial, but the Crown successfully appealed that decision earlier this year.

Kearse testified at Downey's first trial.

Although Hansen said that Kearse's death is a tragic development and a challenge for the Crown, she noted that prosecutors will proceed. They have already been in touch with the woman's family, she said.

"I can tell you that with this case, like any other prosecution, the Crown is constantly assessing the case as it pertains to realistic prospect of conviction," Hansen said.

Ashley MacLean Kearse was left paralyzed from the waist down after the shooting. (www.gofundme.com)

In an email, Halifax District RCMP spokesman Cpl. Dal Hutchinson said that police are aware of Kearse's death.

"At this time, investigators are working in conjunction with the Nova Scotia Medical Examiner Service," Hutchinson wrote.

Downey earlier acquitted

Downey, 22, was initially acquitted of 28 charges, including three of attempted murder, at a trial that concluded in February 2017.

The Crown appealed Downey's acquittal a year later. And in April, the Nova Scotia Court of Appeal agreed that the original trial judge made "serious errors" in his decision to dismiss the case against Downey.

Three other accused who were youths at the time of the shooting pleaded guilty to their part in the crimes. Their identities are protected by the Youth Criminal Justice Act.