TORONTO - Jane Creba's senseless death sent waves of outrage rippling through Toronto and beyond, but dismay over the random shooting of the bright teen girl should not cloud the jury's judgment of the first person tried in her killing, court heard Wednesday.
The suspect, identified only as J.S.R. because he was under 18 at the time of the Boxing Day 2005 shooting, has pleaded not guilty to second-degree murder, six counts of aggravated assault and weapons charges.
Creba was shopping with her sister on a major downtown street teeming with pedestrians when a gun battle broke out between two groups, leaving the 15-year-old girl dying on the pavement from a bullet wound.
J.S.R.'s lawyer Gary Grill gave his closing statement Wednesday and pleaded with the jury to deliberate calmly and rationally before reaching their verdict.
"As humans we cannot help but feel anger at Jane Creba's death," Grill said. "(But) these emotions have the real potential of impeding the truth.
"Jane Creba's death was a great tragedy, but let's not compound that tragedy by convicting an innocent man."
The Crown alleges J.S.R. and the large group of people he was with that day waited outside a Foot Locker store for Jeremiah Valentine, who then came out brandishing a gun.
At least two people in J.S.R.'s group also drew guns, and in response, Valentine started shooting, prompting an exchange of gunfire that ultimately killed Creba, the Crown alleged.
The bullet that killed Creba came from the .357 revolver Valentine was carrying, both the Crown and defence have said.
The Crown alleges that J.S.R. was one of two people in his group firing guns, but Grill said for a number of reasons the claim "defies common sense."
"J.S.R. did not fire a gun on that day and did not murder Jane Creba," he said.
Three guns were fired that day: Valentine's .357, a .25-calibre pistol and a 9-mm Ruger.
When J.S.R. was arrested later that day, he had the 9-mm with him.
Grill said it's essentially a foregone conclusion that the jury will find J.S.R. guilty of possessing the gun, but said they should find him not guilty of all other charges.
Both the Crown and defence say Louis Woodcock was the one who brought the Ruger downtown that day, though when the weapon changed hands is in dispute.
The Crown alleges that after Valentine fired the first shot, J.S.R. grabbed Woodcock's gun and began shooting, but the defence alleges Woodcock used the gun and then gave it to J.S.R. to get rid of.
The Crown's evidence relied in part on witness testimony from David Tarnowski, who was in his car when the shooting happened. The Crown contends his description of the shooter matches that of J.S.R., but Grill said Tarnowski's description more closely resembles another man in J.S.R.'s group.
That man was hit by a bullet from the 9-mm gun, so he may have been shooting the .25-calibre weapon, Grill said, which would further call into question Tarnowski's testimony that he saw the 9-mm shooter.
"I hope you reject all of his evidence," Grill said of Tarnowski, who he called "the epitome of an unreliable witness."
As to whether Valentine fired only in response to the threat of J.S.R.'s group's pulling their guns, which the Crown maintains, Grill said there is not a "scintilla" of evidence to back that up.
Crown attorney Kerry Hughes said in her closing arguments Tuesday that J.S.R.'s group is just as guilty of causing Creba's death as the person who fired the fatal bullet because the gunfight with Valentine was sparked when they drew their weapons.
Even if the jury believes the Crown's evidence that J.S.R. was one of the shooters, it's possible that a bullet from Valentine's gun may have hit Creba before anyone in J.S.R.'s group pulled a gun, which would negate the Crown's theory of provocation, Grill said.
Justice Ian Nordheimer makes his charge to the jury Wednesday afternoon and Thursday morning, after which the jury of six men and six women begin their deliberations.
