Guilty plea in gang Shooting
Crown offered lesser charge in case tied to Ford
A Toronto man surprised courtroom observers Thursday by pleading guilty to manslaughter in the shooting death of Anthony Smith, a 21-year-old etobicoke gang member photographed with Mayor rob Ford outside a reputed local crack house.
The plea ends the case against shooter Nisar Hashimi fewer than three months after he surrendered to police, virtually ensuring that any related evidence will never be aired in court. Although his co-accused, Hanad Mohamed, could still technically go to trial for firstdegree murder, Thursday’s developments mean the charges against him will almost certainly be dropped, lawyers say.
Meanwhile, Hashimi’s lawyer — who could not say whether police investigating the Smith matter might have seized an alleged cellphone video of the mayor smoking a crack pipe — rebuffed suggestions that the case was being rushed through the system because of possible connections to Mr. Ford.
“We’re certainly not trying to hide in the back alley. We analyzed this and there were obviously huge distractions going on about this case,” lawyer John Struthers told a crush of reporters outside the Finch Avenue courthouse. “I think it’s fair to say that the box had smoke and snakes coming out of it. The question of course is what really happened … My principal concern is to do the best I can for the client I have on that day. I’m not here to prosecute Mr. Ford or go after evidence that everybody seems to be very interested in achieving.”
Hashimi, who was initially charged with first-degree murder, was sentenced Thursday to nine years in prison for manslaughter and aggravated assault in the March shooting that killed Mr. Smith and wounded Muhammad Khattak. Both victims were members of the dixon City Bloods street gang, whose membership was recently thrown into disarray after a series of police raids in the gang’s west-end turf. Two other men in the widely circulated Ford photograph, including Mr. Khattak, were apprehended in that sweep.
Mr. Struthers acknowledged the nine-year sentence was at the low end of the range, touting an “excellent result” for his client.
Indeed, such a swift and lenient resolution to what started as a high-profile murder case stands out as “very uncommon,” criminal lawyer edward Sapiano said.
“This is highly unusual in my 20 years of experience working on murder cases,” he said, noting the Crown is typically “far too reluctant” to accept a lesser-charge plea, particularly without first testing evidence and witnesses at a preliminary hearing. “All these circumstances make it an exceptional case.”
If any party involved in the Smith matter was trying to prevent information from entering the public realm, Mr. Sapiano added, “this is one great step toward accomplishing that objective.” Because the Crown accepted a manslaughter plea from Hashimi, who actually fired the fatal bullet, there is no legal way for his co-accused, Mr. Mohamed, to be convicted of first-degree murder, Mr. Sapiano said, noting that charge will surely be tossed. While members of the public could still attempt to access evidence in the case through Freedom of Information legislation, those materials can be shielded for “privacy concerns,” he added.
“In light of all that’s transpired, my view is this information will never come officially from the state,” Mr. Sapiano said.
A single-page agreed statement of facts entered in court Thursday revealed that Hashimi, who had been drinking alcohol and cough syrup on the night of March 27, encountered the victims inside the downtown Loki Lounge. “Ongoing animosity” between the victims and Hashimi’s crew spilled over outside the nightclub shortly before 3 a.m., when Mr. Smith and Mr. Khattak instigated a physical fight, the court heard.
“In the ensuing melee, Mr. Hashimi pulled out a handgun and fired several shots in rapid succession,” Crown attorney Mary Misener said.
The bullets fatally struck Mr. Smith in the head and thigh and sent Mr. Khattak to hospital with a shoulder wound. However, Hashimi “says, and we accept, that he did not intend to kill or to cause grievous bodily harm,” Ms. Misener said, noting drugs and alcohol compromised the accused’s ability to assess the required force “to protect himself and his associates.”
Hashimi, wearing a T-shirt and jeans, slouched forward in the prisoner’s box, appearing expressionless throughout the brief hearing. Members of Mr. Smith’s family wept as the Crown read aloud from a victim-impact statement, which described the 21-year-old’s smile as “bright and as beautiful as a sunny day.”
Outside court, mother Angela Smith and sister Kamelia Taylor expressed relief that the family could now gain a measure of closure, but they also lashed out at members of the media for fixating on the alleged Ford connection rather than on Mr. Smith’s life. Asked whether she personally had lingering questions about the circumstances of her son’s slaying, Ms. Smith said she would leave those “in the hands of God.”
“Whatever questions I have,” she said, “will never bring my son back.”