By Sam Pazzano
TORONTO - A Scarborough construction worker was acquitted Thursday of murdering the brother of accused serial killer Mark Moore.
Aftern 17 hours of deliberations, a Superior Court jury cleared Kenya Smith, 33, of second-degree murder in the shooting death of Andre Moore, 27, in a laneway near Eglinton Ave. E. and Markham Rd. on Oct. 14, 2008.
“This case was fairly prosecuted by the Scarborough Crown’s office and fairly investigated by the homicide squad and the jury had all the evidence it required to reach the right verdict,” said defence lawyer Gary Grill.
“Mr. Smith committed a violent act out of fear and he hopes to return to his previously peaceful life again,” said Grill of his client, who has no prior convictions.
Smith walked out of the courtroom a free man.
Smith, 33, testified last week that he was defending himself when he shot Moore because the two had met previously.
Moore shot at and tried unsuccessfully to rob Smith in an apartment building hallway in August 2008.
Smith said he also feared Moore’s brother Mark, who was charged last week with four counts of first-degree murder.
Andre Moore’s criminal record included a 2002 gun possession conviction but despite frequent crimes since then he had no other gun convictions.
Court heard Smith stopped his vehicle in the laneway and spotted Moore just after noon on Oct. 14, 2008. Smith believed he was reaching for his firearm, but Crown attorney Sean Hickey said in his closing that Moore was packing only his lunch and a bright red umbrella.
He urged the jury to disbelieve that Moore had shot at Smith two months earlier.
“There is no credible evidence there was a shooting in the hallway in 2008,” said Hickey.
It wasn’t a planned encounter but a chance meeting. But Smith wanted to exact revenge against Moore, argued Hickey.
Forensic evidence backed the Crown’s theory that Smith fired through the driver’s window, shattering the glass and then the gunman opened the door to put a bullet into Moore’s temple as he lay wounded on the ground.
Aftern 17 hours of deliberations, a Superior Court jury cleared Kenya Smith, 33, of second-degree murder in the shooting death of Andre Moore, 27, in a laneway near Eglinton Ave. E. and Markham Rd. on Oct. 14, 2008.
“This case was fairly prosecuted by the Scarborough Crown’s office and fairly investigated by the homicide squad and the jury had all the evidence it required to reach the right verdict,” said defence lawyer Gary Grill.
“Mr. Smith committed a violent act out of fear and he hopes to return to his previously peaceful life again,” said Grill of his client, who has no prior convictions.
Smith walked out of the courtroom a free man.
Smith, 33, testified last week that he was defending himself when he shot Moore because the two had met previously.
Moore shot at and tried unsuccessfully to rob Smith in an apartment building hallway in August 2008.
Smith said he also feared Moore’s brother Mark, who was charged last week with four counts of first-degree murder.
Andre Moore’s criminal record included a 2002 gun possession conviction but despite frequent crimes since then he had no other gun convictions.
Court heard Smith stopped his vehicle in the laneway and spotted Moore just after noon on Oct. 14, 2008. Smith believed he was reaching for his firearm, but Crown attorney Sean Hickey said in his closing that Moore was packing only his lunch and a bright red umbrella.
He urged the jury to disbelieve that Moore had shot at Smith two months earlier.
“There is no credible evidence there was a shooting in the hallway in 2008,” said Hickey.
It wasn’t a planned encounter but a chance meeting. But Smith wanted to exact revenge against Moore, argued Hickey.
Forensic evidence backed the Crown’s theory that Smith fired through the driver’s window, shattering the glass and then the gunman opened the door to put a bullet into Moore’s temple as he lay wounded on the ground.
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