TORONTO - A man serving life for second-degree murder in the Boxing Day 2005 killing of Toronto teen Jane Creba is appealing his conviction.
Lawyer Andras Schreck is taking Jorrell Simpson-Rowe's appeal to the Ontario Court of Appeal on Tuesday.
Creba, 15, was shopping with her mother and sister on busy Yonge Street when she was caught in the crossfire of a shooting between rival gangs.
Simpson-Rowe, who was 17 at the time of the killing, was sentenced as an adult rather than a youth to life sentence, with no chance of parole for seven years.
Schreck says Simpson-Rowe is appealing on the grounds that the verdict was unreasonable.
Schreck says the second reason for appeal is that Simpson-Rowe was "forced" into a jury trial when he had elected to be tried by judge alone.
"We say that the conclusion that he was the person who fired the 9-millimetre was unreasonable in the circumstances," Schreck said Monday.
"The description given by the one witness who saw the shooter doesn't match him in several material respects," he said.
Four other people have been before the courts in Creba's shooting.
Jeremiah Valentine was also found guilty of second-degree murder in the shootout and was sentenced to life in prison.
Louis Woodcock and Tyshaun Barnett were found guilty of manslaughter and a youth was found not guilty of manslaughter.