An Ontario Superior Court judge has ruled that two men charged in the 2005 Boxing Day shooting spree will now face second-degree murder charges.
Louis Raphael Woodcock and Tyshaun Barnett, both 21 years old, originally faced second-degree murder charges. But a provincial court judge ruled at the end of their preliminary hearing in March that the two should face the lesser charge of manslaughter.
However, Superior Court Justice Frank Marrocco decided Monday to restore the original charges.
Nine people face charges in the shooting which resulted in the death of 15-year-old Riverdale Collegiate Student Jane Creba.
This isn't the first time judges have disagreed over the charges the men face.
Earlier this month, a 20-year-old man, who can only be identified as JSR because he was a minor at the time of the shooting, pleaded not guilty to second-degree murder.
Originally, a provincial court judge ruled that he should face the murder charge but Superior Court Justice Ian Nordheimer later overturned that ruling and concluded the man should face a charge of manslaughter instead.
However, the Ontario Court of Appeal overturned Nordheimer's decision and restored the second-degree murder charge against JSR.
He is the first of those accused to stand trial in the case. Opening arguments are expected to begin later this month.
The daytime shooting spree on one of the busiest shopping days of the year in one of the city's busiest shopping districts shocked Canadians across the country.
Police say two rival groups of men opened fire on each other on Yonge Street, just north of Dundas Street. Creba was hit by a single stray bullet and she died at the scene. Two other women and four men -- all innocent bystanders -- were injured.
Jeremiah Valentine, 26, is also charged with second-degree murder.
A youth identified as GC is facing a manslaughter charge in the case. He will go to trial after JSR.
Andrew Smith, 23, Shaun Thompson, 23, Andre Thompson, 24, and Vincent Davis, 27, are all charged with manslaughter. They are expected to go to trial sometime next year.
