Murder trial jury hears text message evidence
Accused Toronto men discussed food, marijuana
Text message records read out in court Tuesday provided a glimpse into the activities of three Toronto men hours before they were arrested for the drug-related home invasion that left Ottawa teen Michael Swan dead on his bedroom floor.
Sam Tsega invited the men to his Barrhaven home for pizza, chicken wings and marijuana, according to messages sent from his cellphone number beginning in the afternoon of Feb. 21, 2010.
Data from Rogers cellphone towers suggest the men were in contact with Tsega during the 450-kilometre drive from Toronto to Ottawa, stayed in the Ottawa area for about three hours, then headed back toward Toronto after Swan was killed.
Kristopher McLellan, Kyle Mullen and Dylon Barnett were arrested on Highway 401 west of Brockville in the early hours of Feb. 22.
McLellan, 24, and Mullen, 23, have pleaded not guilty to first-degree murder. Barnett, 22, and Tsega, 22, will each stand trial alone for the same charge.
Crown prosecutor Dallas Mack told the jury that while phone records reveal the calls that were made and the text messages that were sent, not all the text message contents were recovered.
Tsega’s phone was in Ottawa when a text to Barnett’s number was sent at 4:25 p.m. on Feb. 21.
Tsega: “Alright, when you guys leavin?” About 30 minutes passed. Tsega: “Kk. Bring everything btw.”
McLellan’s phone was still in Toronto at 5:30 p.m. when a text was sent to Barnett.
McLellan: “Going to get a quick oil change then we on are way.” Barnett: “Kk who coming?” McLellan: “Mullin.” (sic) Tsega’s number sent directions to his home to Barnett’s number at 7:06 p.m.
“401 then Switch onto the 416 highway. Then get off at exit 66 on the 416, then ur 2 minutes away from my house.”
The request for marijuana came at 7:50 p.m., before the request for food.
Barnett: “U got weed blud?” Tsega: “Yes bro.” Barnett: “Kk save some gone needa blunt wen get ther blood.” Tsega: “Respect bra.” East of Kingston at 9:02 p.m., hunger set in.
Barnett: “Got anything ta eat bra starvin.” Tsega: “Got money.” Tsega: “No food.” Barnett: “willy wan Chicken wings n garlic.” Tsega: “Whoooah bro!” Cellphone tower data suggests the Toronto trio were passing through Kemptville at 10:06 p.m. when confirmation came that warm food was on the way.
Tsega: “I got 2 lrg topping with 20 honey garlic wings 2L pepsi. Just ordered it so its going to be 30-45 mins … Should I tell them pickup?”
Phone records also reveal several phone calls between Tsega’s number and both McLellan’s and Barnett’s numbers in the hours before Swan was killed.
Three masked men armed with guns allegedly stormed into Swan’s Moodie Drive home shortly after midnight on Feb. 22 demanding pot and money. Court has heard that Swan, 19, was a marijuana dealer in Barrhaven.
Swan was killed by a single shot that tore through his body, from his right shoulder and out his left hip. Swan’s girlfriend and close friend testified that they witnessed the shooting.
Several text messages were exchanged between Barnett’s number and Tsega’s number between 12:52 and 1:15 a.m. The contents of those messages were not heard in court.
The text and phone call evidence was heard by 11 of the original 12 jurors.
Justice Patrick Smith excused Juror No. 1 on Tuesday morning, more than two weeks into the trial.
“I needn’t discuss with you the reason,” Smith told the remaining jurors. “It’s entirely appropriate that we continue the trial with 11 jurors.”