Suspect in 2014 killing is wrongly accused, lawyer claims

Michael Davani is charged in shooting of Andrea White at her Scarborough home

A lawyer for one of the two men charged with first-degree murder in the 2014 drive-by shooting of a Scarborough mother of four said his client was wrongly blamed for her death.

And no matter who shot the bullet that struck 33-year-old Andrea White while in the garage of her home, lawyer Edward Sapiano argued the incident can’t be seen as a premeditated attempt to take someone’s life.

Sapiano’s client Michael Davani, 24, along with Alwayne Bigby, 26, a former NCAA basketball player, have both pleaded not guilty.

White was in the garage of her home on Forest Creek Pathway when she was fatally struck by a bullet on the night of April 12, 2014. The Crown built its case around Bigby as the driver and Davani, sitting in the front passenger seat, as the shooter.

In his closing argument Monday, Sapiano pointed to evidence he suggested supports his client’s case: that a third man known as “Star,” who’s since been identified as Ayub Osman, was the alleged shooter.

“Star started shooting without warning” and without Davani’s knowledge that there was a gun in the vehicle, Sapiano told the jury.

But Osman was never arrested and charged. After Bigby’s Range Rover crashed later that night, he must have fled, according to Sapiano.

Sapiano also pointed to evidence that he said suggests his client wasn’t the one who fired the shots. No gun shot residue was found on his hands and some of the clothing he was wearing that night. A change of shoes belonging to Davani was also found in the back seat of the vehicle, suggesting he was sitting there rather than the front passenger’s seat.

On the night of the shooting, Davani and Bigby were on their way to a vigil in a park for a friend who was shot to death.

Davani earlier testified that on their way, they stopped at a nearby apartment building so he could buy marijuana and that in the five minutes Davani was there, Osman, who was at the drug dealer’s home, decided to come with them.

Bigby then drove to Scarborough, according to Davani, but they couldn’t find the park. When Bigby turned the vehicle around, Osman pulled out a gun and began firing out the window, according to Davani.

Osman did not testify in the trial. Sapiano said he was subpoenaed twice in February and March but failed to appear in court.

No matter who the jury decides shot the bullet, Sapiano urged them to see that person couldn’t have the necessary intent to be convicted of first-degree murder. Rather, it was a “foolish, spur-of-the-moment” decision to fire a gun, he said. He suggested that at most, the jury should find the shooter guilty of manslaughter.

The trial is expected to continue Tuesday with a closing argument from Bigby’s defence lawyer.