Jurors have ended a third day of deliberations in the case of two men charged in the 2005 Boxing Day shootout that killed teenager Jane Creba.
Shortly before 3 p.m. Wednesday, word came down that the jurors had questions for the judge.
The jurors wanted to know what "know" implies. Should Louis Raphael Woodcock, 23, have known that firing a gun on a crowded street could have resulted in someone being hit?
Justice Gladys Pardu said the crowded street, the Boxing Day shopping crowds and the nature of the weapons are all things the jurors should consider if the Crown has proved Woodcock and fellow defendant Tyshaun Barnett, 22, participated in the gun battle.
Deliberations ended for the night shortly after 6:30 p.m.
Woodcock and Barnett have pleaded not guilty to second-degree murder.
The Crown has tried to prove that Barnett fired a .25-calibre semi-automatic handgun at Jeremiah Valentine, who was in turn firing at Barnett and his friends in a gun battle that left the 15-year-old Creba mortally wounded and others injured on a Yonge Street sidewalk.
In its closing arguments last week, Barnett's lawyer argued there was no evidence his client was even in front of the Foot Locker store when the shooting started at about 5:15 p.m.
Christopher Hicks attacked the credibility of one Crown witness who put Barnett at the scene, saying that person had repeatedly changed their testimony.
The Crown admitted that its main witness was shaky in some ways, but that what he said is supported by other facts.
There was a .25-calibre shell casing found at the scene.
Valentine used a .357 Magnum revolver, which actually fired the shot that ultimately caused Creba's death. He pleaded guilty last year to her murder.
Woodcock is alleged to have carried a 9 mm semi-automatic handgun from the Eaton Centre north to the Foot Locker, which is just south of the Pizza Pizza at Elm Street and Yonge.
The Crown believes Jorrell Simpson-Rowe fired the 9 mm handgun. Although he didn't fire the shot that killed Creba, under Canadian law, that would make him a party to her death. Rowe was convicted of second-degree murder in 2008.
For the same reason, the Crown argued that Woodcock -- whose DNA was found on the 9 mm handgun, but not Simpson-Rowe's -- and Barnett are legally culpable for Creba's death through their alleged participation in the gun battle.
Simpson-Rowe had possession of the handgun when police arrested him and a second man at Castle Frank subway station about 45 minutes after the shooting.
Other witnesses said the handgun was Woodcock's and that he referred to it as his baby.
Woodcock testified in his own defence. He denied firing a shot or doing anything to contribute to the gun battle.
To convict Woodcock, Pardu told the seven-woman, five-man jury that they must be convinced that he either drew and fired a shot or passed the handgun to Simpson-Rowe to fire.
To convict Barnett, she said they must be convicted he drew and fired a gun.
With a report from CTV Toronto's Austin Delaney