Defence suggests who may have killed Creba
The defence put forward the name of the person who may have fired the shot that killed teenager Jane Creba during a brief gun battle on Boxing Day 2006.
Lawyer Gary Grill accused Milan Mijatovic Tuesday of being at Yonge and Elm Streets with a man named Jeremiah Valentine, 24, an adult suspect charged in Creba's murder.
"No I wasn't. I was alone," the 23-year-old witness testified -- although he has admitted to knowing Valentine. Mijatovic said Friday he'd went to buy shoes for his infant daughter and had sold some crack cocaine along the way to pay for them.
Crown prosecutor Lesley Hughes said in her opening remarks that one of the men who appeared to initiate the sidewalk gun battle had been at the Foot Locker with a white man.
On Tuesday, Grill suggested that Mijatovic -- who is white -- saw Valentine take out a .357 Magnum revolver and fire it into a crowd to the north of the store.
Mijatovic denied that.
The trial has already heard the Crown say that a bullet from such a firearm killed Creba.
When the shooting started, Mijatovic was one of six people injured by gunfire, although he has testified he couldn't think of why he would be targeted.
Mijatovic is currently serving a two-and-a-half year sentence on weapon and drug-related charges.
He also claimed Friday to be about three storefronts south of the Foot Locker when the shooting started. Mijatovic suffered a minor wound to the back of his leg.
"It must have been a magic bullet. You must have been one of the luckiest guys in the world," Grill suggested Tuesday, noting there were hundreds of other people on the west sidewalk of Yonge Street.
"I don't know what to say," Mijatovic replied.
"The reason you ran so far is you were involved and you wanted to get away," Grill said. Mijatovic said that wasn't true.
J.S.R. -- a young offender at the time of the shooting, therefore he can't be fully named -- isn't accused of firing the shot that killed Creba. However, advances in Canadian criminal law mean he could be convicted of murder if the Crown shows he participated in a gunfight and another person returned fire that struck and killed a bystander.
Police arrested J.S.R. at Castle Frank subway station about 40 minutes after the shooting and found a 9 mm Ruger semi-automatic handgun on him.
A firearms expert testified last week she couldn't say conclusively if J.S.R. fired a shot that night. The defence has floated the theory that their client was simply holding the firearm for someone else.
J.S.R. faces one count of second-degree murder, six counts of attempted murder and five weapons charges.
He is the first of nine people to go to trial in the case. Seven of those awaiting trial are adults and one is a young offender. Valentine has been in custody since June 2006 and may go to trial sometime in 2009.