Shooter was too high to plan deadly encounter: defence

Chad Davidson shot Tyler Johnson but was too stoned to have formed the intent to kill the McMaster University student the night he died, his lawyer suggested Thursday.

Defence counsel Stephen White told the jury that Davidson — who is seen on video surveillance footage firing the gun that killed Johnson — was described as “paranoid,” “yelling” and “out of control” by those who had been with him in the early hours of Nov. 30, 2013.

While he had a gun on him that was ready to fire, the weapon remained by Davidson’s side until Johnson took a swing at him after exiting a pita shop on King Street West, White said.

That’s when Davidson fired the gun and shot the engineering student in the chest, he added.

“He loses sufficient control,” White alleged in his closing arguments.

Davidson is charged with the first-degree murder of Johnson, who was killed after having been out with friends in Hess Village.

After being shot, Johnson stumbled into the vestibule of the Tim Hortons near King and Caroline Street South and collapsed, bleeding on the ground.

Brothers Brandon and Joshua Barreira and Louis Rebelo also face the same charge.

White told the jury he believes Davidson should be found guilty of manslaughter and the other three should be found not guilty.

He alleged there is no evidence of a plan or a motive to kill Johnson and argued Joshua Barreira’s memory of Davidson saying he had a “beef ” with the 30-year-old before he shot him wasn’t reliable.

Greg Dorsz, Rebelo’s lawyer, argued in his closing arguments that there’s no “clear reason” why his client would help the Barreira brothers or Davidson to kill Johnson.

He alleged Rebelo did not have a relationship with Brandon Barreira, was just starting to rebuild his friendship with Joshua Barreira after a falling out over a girl, and had barely met Davidson.

While Rebelo started chatting with Johnson and his buddy as they walked out of the pita shop that night, it was because the three men knew each other and were catching up on Johnson’s friend’s time in prison.

“He doesn’t detain Tyler,” Dorsz said. “He doesn’t arrange Tyler.”

Justice Toni Skarica is expected to begin delivering his charge to the jury Friday.