Despite outrage over Crown's decision, identity of shooter impossible to detect
Watch it a hundred times, in slow motion or frame by frame.
The real-time videotape of a brazen killing will not reveal its crucial details – the identity of the shooter.
Nor, in the year since Toronto homicide detectives posted this graphic footage on YouTube, have investigators been able to positively put a name to that shadowed face, though tens of thousands around the world have watched the cold-blooded slaying of 18-year-old Abdikarim Ahmed Abdikarim.
As a result, first-degree murder charges against two individuals were shockingly withdrawn yesterday morning by Crown attorney Joe Callaghan.
Neither of the accused – Owen Anthony Smith and Wendell Damian Cuff, both 26 – were in the Finch Ave. courtroom to hear that they were free men. A contract-related job slowdown by jail staff in Ontario that has for weeks played havoc with the transport of in-custody prisoners was to blame. Though court waited for half an hour, when word arrived that the defendants had yet to even leave their respective detention facilities, the lawyers went ahead with the principals in absentia.
On display, however, were failures of justice, police work and public contribution to investigations, all of which will likely further infuriate a city bloodied by gun violence.
There's a killer out there.
"After a thorough and careful analysis of all the available evidence in this case, including the video footage, I have concluded that the evidence of the identity of the shooter and the evidence of the degree of participation of the second male are insufficient to pass the test at a preliminary inquiry," Callaghan told the court.
"I am therefore of the view that there is not a reasonable prospect of conviction at this time."
The prelim had been scheduled to start April 6. The accused have spent the past 11 months in custody. The case is not being "actively" investigated, say police. The Crown has a year to reactivate the charges.
Two security cameras captured the brash murder last March 14 outside the Lawrence Heights housing complex. Footage shows two men in dark clothing briskly approaching the front of 87 Amaranth Ct., near the Yorkdale Mall, where Abdikarim and a group of friends were hanging out.
One of the men fires six shots, fanning his arm in a way that appeared to target each individual. Abdikarim – who, police said at the time, was an innocent victim with no gang links – was fatally struck in the head. Five others were hurt.
Police believe Smith was the shooter. He was arrested at a Keele St. apartment following a massive two-week manhunt. At his first court appearance, Smith's right eye was swollen shut.
Smith and Cuff, arrested earlier, were each charged with one count of first-degree murder and five counts of attempted murder. Jessica Marie Speranza, 23, of Richmond Hill, was charged with accessory after the fact of murder. That charge has also been withdrawn.
The startling development drew outrage from friends of the dead victim's family. Neither his parents nor siblings were in court.
"This is ridiculous," fumed Barlin Ali, who told reporters Abdikarim had been like a son to her.
"This is shame for the government of Canada. This is shame for the justice system. This is shame for the police officials who investigate. I feel very, very sad. I can't explain my sadness in this country. There's no justice in this country."
Mohammed Gilao, another friend of the family – he also lost his son to violence – suggested racism was somehow to blame for the frustrating outcome. The Abdikarim family hails from Somalia, immigrating to Canada two decades ago. The victim's father was one of Somalia's greatest soccer stars in the 1970s.
"The Somali community believes there has been discrimination," said Gilao. "We feel betrayed."
He did not accept that a lack of evidence was responsible. "No, no, no. That's crap. There's a video, it was televised around the world. It's very clear."
Except, it isn't, and lawyers for the two accused expressed admiration for the prosecution's actions in withdrawing charges. "I'm giving them all the credit in the world for doing the right thing and being very courageous," said John Struthers, who represents Cuff. "They could have just let the evidence go in front of a judge and have the judge throw it out for lack of evidence."
Struthers noted that his client – alleged to be the second man who walks into the video – is never shown shooting anybody. "He turns around and runs the other way."
Boris Bytensky went to Maplehurst Correctional Complex later in the day to retrieve his client, Smith, who emerged with a plastic packet of personal effects, pulling on a grey T-shirt as he walked to a chain-link gate and freedom, the Star's Jim Wilkes reported.
"Freedom is a must!" Smith shouted, as he proceeded to Bytensky's car.
"He's overwhelmed," said Bytensky. "He's extremely emotional and grateful that this day has come. He's very relieved and very happy to be going home."
Smith has never admitted to Bytensky or anyone else that he was the gunman that night. "He has always denied his involvement in this matter."
Without a formal finding of innocence, however, Bytensky said Smith will be continued to be viewed as guilty by many.
"The shooting itself has gone around the world. Mr. Smith's name has gone around the world. Hopefully, now it will be known around the world that he's the person who is not responsible for the shooting."
Source: Toronto Star
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