Scammer
Banned
Ephraim Brown, 11, was killed by a stray bullet in July 2007
The Toronto jury hearing the case in the fatal shooting of Ephraim Brown, 11, has begun deliberations after receiving final instructions from the judge.
Akiel Eubank and Gregory Sappleton, both 24, have pleaded not guilty to second-degree murder charges in connection with the Jane Street and Sheppard Avenue West-area gunfight on July 22, 2007 during which a stray bullet killed Brown .
The Crown's only eyewitness, Brown's cousin Kishauna Thomas, testified she saw the two accused, who she said are from rival gangs, shooting at one another.
The defence attacked her credibility throughout the trial.
Justice Brian Trafford told the jury to be cautious with Thomas's testimony. "You must scrutinize the testimony of Kishauna Thomas … with the greatest of care," Trafford said Friday.
Gerald Brown, Ephraim's father, was at the University Avenue courthouse Friday. He said he's still not over his loss.
"Practically every day is a living hell for me," Brown said, a tattoo of his son prominently displayed on his forearm. After attending the preliminary hearings, he said, he's not confident the jury will make the right decision: "I don't have a lot of faith in the system. I'm not expecting a fair trial for my son."
Thomas intimidated during trial
The shooting took place at Thomas's 18th birthday party in the backyard of a townhouse complex. Now 21, Thomas testified on Nov. 16 that bullets were still flying through the air when she and her mother pulled the fatally wounded 11-year-old, who had been shot in the throat, indoors.
She identified Eubank and Sappleton despite attempts to intimidate her, Crown lawyer Donna Armstrong said.
During her testimony that day, three men entered the courtroom as observers, none of whom had attended the trial before. One man was wearing sunglasses, which he removed at the request of a court official.
Shortly after the men entered, Thomas requested a bathroom break, and CBC reporters overheard court officials saying Thomas didn't want to continue testifying while the three men were there.
After they left of their own accord she continued her testimony, telling court she spoke with police for the first time shortly after Brown was pronounced dead.
Thomas said Sappleton — who she said went by the nickname "Redz" — was a member of the Baghdad Crew. Members of that gang wear red, she said, and are associated with a bigger gang, the Bloods. The Crown alleges Eubank was a member of the Five Point Generalz.
'Overwhelming presumption of guilt'
Crown lawyers have not said which of the two accused they believe fired the fatal shot.
Edward Sapiano, Sappleton's lawyer, has maintained his client is not guilty.
"What stands out in a case like this is the overwhelming presumption of guilt and culpability that the public has in cases such as this — emotional cases. And that's what we have to contend with unfortunately," he told CBC News outside the court on Oct. 26.
"We're anxious to have the facts come out and my client expects to be proven innocent," said Adam Newman, Eubank's lawyer.