Defence says one of five accused is robbery shooter, not her client

The lawyer of a man accused in a home invasion and shooting that left a teenager with gunshot wounds is arguing her client isn’t the one who pulled the trigger.

Lawyer Jamie Stephenson argued Thursday at the end of Vavadean Spence’s trial that the victim testified his shooter was white.

Spence, one of five accused in this case, is the only one who is black.

He is charged with breaking and entering, robbery, robbery while using a firearm, conspiracy to commit robbery and aggravated assault. He has pleaded not guilty. The five were charged in relation to a home invasion in January 2016 in which the intruders shot Devin Howard, then 17.

Howard was shot twice — once in his left arm, shattering the bone, and again in his left leg in his Eastbourne Avenue home.

Three of the co-accused — one of them a minor — have pleaded guilty to lesser offences and been sentenced. One other, also a minor, is still awaiting trial.

Spence, who was 18 at the time, testified earlier that it was the idea of another who’s accused in the case to bring the gun to ensure compliance during the robbery.

He said a friend picked him up to just hang out, but when he got in the vehicle, he was told they were going to do a robbery.

He admitted to going along, even when he heard a gun would be used. He also willingly put on one of the face masks they all wore.

His trial has heard the shotgun used has never been found.

Stephenson argued the co-accused who pleaded guilty was highly motivated to point the finger at Spence because “they all received lenient sentences.”

She reiterated that Howard told police shortly after the shooting that the shooter was white.

“It makes more sense that Mr. Spence is telling the truth, with all the evidence, including (the victim),” she said. “Mr. Spence was not the one who possessed the firearm or shot it.”

Stephenson argued that while Spence was a party to the robbery, there could be reasonable doubt he was a party to robbery with a firearm.

Crown prosecutor Michael Fox argued that if someone undertakes to participate in a robbery with a firearm, then they are party to that charge.

To explain why Howard would say the shooter was white, Fox asked Justice Anthony Leitch to consider the victim’s state of mind at the time, and to remember his evidence that the robbers were wearing face masks.

He said Howard testified two of the robbers ran into the kitchen where he was and all he saw was a gun while someone told him to “get down on the ground or I’m going to blow your brains out.”

Fox also asked Leitch to consider the evidence of the three who have already pleaded guilty in this trial.

“They are consistent on who holds the firearm and who does the shooting,” Fox said.

Leitch is scheduled to render his verdict June 6.