Gang leader had no motive to kill: lawyer

In 2013 Rexdale killing, Crown argues, rapper put hit on victim as revenge

It is pure Crown “speculation” that Toronto gang leader Jermaine Dunkley, a rapper known as J Noble, ordered a hit to seek revenge for the death of his younger brother, a jury heard Wednesday.

Simply put, Dunkley had no motive to want Neeko Mitchell killed because he had no reason to believe Mitchell was connected to his sibling’s execution, defence lawyer Brian Ross said during his closing arguments.

“You have not heard any evidence suggesting that anyone believed Neeko Mitchell had any involvement in Ricky Dunkley’s death,” Ross said.

“There was just not one iota of evidence in this case that there was even a rumour in the community.”

Dunkley and Sheldon Tingle have pleaded not guilty to firstdegree murder in the Nov. 24, 2013, shooting of Mitchell outside a Rexdale community centre.

The Crown does not allege either man shot Mitchell. But the prosecution’s theory is that they were involved in a plot with Dunkley’s cousin, Reshane Hayles-Wilson, who fired the eight shots that killed Mitchell.

The Crown alleges surveillance footage captures Dunkley telling Hayles-Wilson to go outside and shoot Mitchell as payback for his brother’s murder.

That makes no sense, argued Ross, because Mitchell was not associated with any gangs, and had been friends with Ricky Dunkley since elementary school.

Ricky Dunkley’s alleged killer, Rico Gayle, fled to Jamaica and the Crown’s theory is that since Gayle was out of reach, Mitchell became a “marked man.”

If he was connected to the previous killing, why would Mitchell walk into the community centre located in a part of Etobicoke where he knew he might run into Dunkley and his criminal associates, Ross asked.

“There is not one indication in his (Mitchell’s) demeanour that suggested he was frightened, tepid to approach,” Ross said referring to some of the surveillance footage shown to the jury.

The lawyer, co-counsel with Jeff Hershberg, also asked jurors to question why Dunkley would have been at the community centre that night if he had ordered a hit — and stick around until after it happened.

He was wearing a GPS ankle bracelet because he was out on bail for drug offences and knew “police could track him” and was also aware the facility — where he played basketball that evening — is filled with surveillance cameras.

Ross also asked jurors to reject the Crown alternative theory that Dunkley, as leader of a criminal organization called Monstarz, had a “motive of reputation” tied to credibility and perception, so that he couldn’t let “nothing happen” to someone perceived to be involved with the murder of his brother.

Why would Jermaine Dunkley have been at the community centre that night if he had ordered a hit, lawyer asks