Jury weighing fate of four accused in Little Italy slaying
Crown argues text messages, their prime evidence, reveal plot to murder John Raposo
Between tanning, massages, Yorkville dinners and Botox treatments in the spring of 2012, Nicola (Nick) Nero, was plotting to murder John Raposo and split 200 kilos of “free” cocaine with his co-conspirators, prosecutors have told a jury.
Nero, a former Hells Angel and convicted cocaine smuggler, is charged with first-degree murder and conspiracy to commit murder in the gangland-style slaying of (Johnny Maserati) Raposo, 35, on June 18, 2012, on the patio of the Sicilian Sidewalk Café on College St.
Also on trial at the downtown Toronto courthouse are Martino Caputo, 43, Rabih (Robby) Alkhalil, 29, and Dean Wiwchar, 31.
A jury began deliberating Tuesday afternoon.
Despite PGP (Pretty Good Privacy) encryption, messages obtained off BlackBerry phones by police from Nero’s home, Alkhalil’s Montreal condo and from Wiwchar upon his arrest were the prime evidence against the four men in the trial.
Nero helped police out with a sloppy mistake by leaving the password to his encrypted BlackBerry on a sticky note inside a cabinet in his condo in Niagara-on-the-Lake.
That gave police access to messages that provided insight into an international drug trafficking ring — and Nero’s personality.
The former bodybuilder and fashion aficionado liked his comforts — massages are often mentioned — and suffered from bouts of depression, the messages show.
“I don’t like for people to see me like this bello,” Nero messaged a person alleged to be Caputo. “When I die I’d like to be remembered for my inspiration not my perspiration lol.”
Other messages were used by the Crown to allege a plot to murder Raposo because he was believed to be a police informant.
On April 28, 2012, Nero messaged “TNT,” — alleged by prosecutors to be Alkhalil — at 10:29 a.m. to vent about Raposo, whom he called “the biggest rat in the world.”
He suggested they “get him” after a 200 kilogram cocaine shipment comes in, which they can split between themselves and Caputo, whom he calls “lil guy.”
The Crown argued that Nero connected with alleged hit man Dean Wiwchar through Alkhalil.
Prosecutors told the jury that on May 21, 2012, Alkhalil texted Nero: “LOL. That’s my best hitter.”
The Crown alleges Wiwchar — under the name Zeld — messaged Alkhalil to say killing Raposo at the Sicilian Sidewalk Café was risky: “but if I get em inside the shop its ok . . . no noise . . . why are we killing ice cream people? Lol.”
The next day, Nero messaged the person alleged to be Caputo with a Sicilian term for informer: “We exterminators. We kill surrichii lol.”
The messages depicted Wiwchar as someone who bragged about being a professional killer.
“My minamm fee is 100 k,” he texted someone called Snootsey on June 11, 2012. “why u think I don’t get paid (expletive)?”
A police search of Wiwchar’s Surrey, B.C., condo found what the Crown alleges are the tools of a con- tract killer — guns, masks, wigs, fake moustaches and theatrical makeup. The man who shot Raposo while wearing a construction vest and face mask is alleged to have been wearing a wig. Wiwchar was arrested on June 21, 2012, while riding in a cab on Parliament St. near Gerrard St. E.
By this time, the Crown argued, Alkhalil had changed his text name to “RunNHide.” RunNHide texted an associate called “Birdman” (alleged to be Alkhalil’s roommate in Montreal, Hells Angel Larry Amero) and asked if he’s in deep trouble. “If he rats yup,” Birdman replied. “I mean otherwise,” RunNHide said.
“No,” Birdman replied, unaware that police would soon be reading their texts.
The Crown alleged the murder was intended to take place in May. Police surveillance of Wiwchar shows him driving by Raposo’s parents’ home and scoping out the College St. location of the Sicilian Sidewalk Café.
Wariness of the police led Wiwchar to leave Toronto, only to return in June from Vancouver via Calgary and Montreal without police knowledge, the Crown alleges.
Defence lawyers for the men have argued Raposo was killed as the re- sult of another plot entirely, involving drug traffickers in Montreal — pointing the finger at alleged drug importer Fred Lavoie (the jury did not hear that Lavoie was found dismembered in Colombia in 2014).
They point to a message from a person identified only as “Dreamcatcher” sent an hour after the murder disclosing key details. It is unknown who “Dreamcatcher” is, but the Crown argues it can be inferred that it is Wiwchar under yet another email address.
Nero’s lawyer described the messages as merely “macho nonsense.”
He said the conversations were only about drugs, not murder, adding that Nero was arrested on drug trafficking charges in late May, weeks prior to the shooting. Wiwchar’s lawyer suggested “Dreamcatcher” was the killer and told the jury the messages allegedly sent by his client were full of bravado, but not intent to kill. He argued Wiwchar skipped town to avoid having to kill Raposo — but that it would’ve been dangerous to say no to TNT.
Alkhalil’s lawyer argued the content of the email addresses attributed to Alkhalil show they were shared accounts. There is no way to tell who was sending those messages, he argued. The lawyers also pointed out various problems with the messages, including that duplicate messages appear to have been sent from different email addresses.
Regardless of the jury’s decision, none of the four men will be walking free any time soon.
Nero and Caputo were both convicted in 2014 of trafficking and importing hundreds of kilograms of cocaine, based on much of the same wiretap evidence heard at this trial.
Though the jury was aware of drug trafficking charges, they did not know Nero was sentenced to 22 years in prison, and Caputo to 12 years.
Wiwchar, the alleged hit man, was convicted by a B.C. judge in 2015 of nine counts related to the possession of 16 firearms found in two condos, one in Vancouver and one in Surrey. The jury in the murder trial was told about the guns by prosecutors but wasn’t told Wiwchar was sentenced to 10 years.
The jury did not know that at the time police got a search warrant for Wiwchar’s apartment, they believed he was the hit man in the Jan. 17, 2012, murder of notorious gangster Sandip Duhre, according to a B.C. court ruling.