The jury in the trial of a young man accused of murder in the death of Jane Creba may have gotten a glimpse of his potential defence -- that J.S.R. didn't fire a single shot during the infamous Boxing Day gun battle on Yonge Street.
While cross-examining a witness on Tuesday, defence lawyer Mara Green suggested that Louis Woodcock -- also known as Big Guy, and someone charged with murder in connection with the Creba case -- passed a handgun to J.S.R. after the shooting ended.
The brief gunfight between two groups of thugs left Creba, 15, dead and six people wounded. The witness was 16 at the time of the Dec. 26, 2005 incident and can't be identified.
Police arrested J.S.R. -- a young offender at the time, which means he also cannot be fully named -- at the Castle Frank subway station and found a 9mm Ruger semi-automatic handgun in his jacket pocket.
The trial has heard that testing of the gun found Woodcock's DNA on the trigger and slide.
Earlier Tuesday, the jury heard how an alert cabbie gave police a tip that led to the arrest of J.S.R. and another suspect.
"Everything about them was suspicious," said Nasser Kaivan-Mehr about J.S.R. and a second suspect.
Kaivan-Mehr, whose testimony had to be translated from Farsi, said he was parked at the Bay Street bus terminal shortly after 5 p.m. that day. That location is only a few blocks from the crime scene.
J.S.R. got into his cab.
The accused, 17 at the time, seemed excited and out of breath, Kaivan-Mehr said.
They picked up a second man. They told the cabbie to take them to the nearest subway station, which happened to be St. Patrick's at Dundas and University.
On the way there, Kaivan-Mehr said he overheard them speaking on a cellphone with a third man to arrange a rendezvous at Castle Frank station -- the Bloor line station on the west bank of the Don River valley.
When he dropped them off, Kaivan-Mehr returned to the bus terminal, saw two police officers who appeared to be searching the area, and told them what he'd overheard.
Forty minutes later, police arrested J.S.R. and a second man at Castle Frank.
Court has heard that police seized a handgun from J.S.R. that has been linked to the shootout at Yonge and Elm Streets.
J.S.R. is not accused of firing the shot that killed Creba.
However, recent advances in Canadian criminal law mean that someone involved in a gunfight can be charged with murder if another person returns fire that kills a bystander.
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.
With a report from CTV Toronto's Chris Eby