Closing arguments underway in murder trial of man accused of killing teen passerby during B.C. gang shooting
With no eye witnesses or video placing Kane Carter at the crime scene, Crown prosecutors have spent the last few months presenting the jury with large amounts of what they describe as "circumstantial" evidence. Now, they’re hoping they can convince jurors that all of the puzzle pieces fit together.
“If we, the Crown, fail to prove each and every essential element if that offence, then you must acquit Mr. Carter of that charge,” Crown prosecutor Don Montrichard told the jury Tuesday.
“But we also believe the evidence from this trial, when viewed carefully, methodically, and most importantly collectively, proves Mr. Carter’s guilt beyond a reasonable doubt,” he continued.
The 28-year-old is charged with the second-degree murders of 15-year-old Alfred Wong – an innocent passerby – and 23-year-old Kevin Whiteside – an alleged gang member – as well as the aggravated assault of Shaiful Khondoker, another innocent bystander who was shot, but survived.
The incident happened on Jan. 13, 2018, when Wong, a Coquitlam high school student, was in the back seat of his family's car. The teen was caught in the crossfire of a reckless gunfight on East Broadway near Ontario Street.
Wong was killed, as was Kevin Whiteside, a 23-year-old Vancouver resident who was known to police and believed to be "involved in gang life." At first, police believed Whiteside was the target of the shooting, but they later said he was the one who instigated the deadly violence.
The Crown said on the night of the murders, Whiteside was in the area to kill 28-year-old Matthew Navas-Rivas, who was dining out at Indochine restaurant.
When Navas-Rivas left the restaurant, Whiteside reportedly shot at him, and a second person, who the Crown believes was Carter, opened fire.
Navas-Rivas wasn't injured, but was killed in another shooting months later near an East Vancouver elementary school.
The Crown believes Carter, using the alias "Elijah," was working for a dial-a-dope operation Navas-Rivas was running in Vancouver.
The burgundy van
Earlier in the trial, a former customer turned worker for the drug line testified about the inner workings of the operation.
That included the use of a burgundy, Pontiac Montana van for drug deliveries.
The man said that on the day of the murders, he was driving the van when he received a call from Elijah, who told him to return the vehicle immediately.
The jury was shown video of a van of the same make and model parked on Ontario Street south of East Broadway at the time of the shootings.
Crown believes it was from that van that Carter fired the shots that killed Wong and Whiteside.
Investigators later found a burgundy, Pontiac Montana van in the parking garage of the Surrey condo building where the Crown says Carter was renting a unit under his brother’s name.
A burgundy van seen at the murder scene and a burgundy van of the same make and model found at Kane Carter's condo are the same vehicle, the Crown argues.
Carter has admitted that both a tissue with his blood on it, as well his DNA, were found inside the van in the parking garage.
A Vancouver police officer testified that three bullet casings, as well as gun residue were also found inside the vehicle.
Crown also pointed out that there were "identical" physical features of the van seen by the crime scene and the one found in the parking garage.
That included a dimmed headlight, a green new driver sticker on the back, and a black rim on the back left tire that didn’t match the others.
“You should easily conclude, we say, that the Montana van found at Mr. Carter's apartment is, in fact, the same Montana van that was at the scene of the shootings,” Crown prosecutor Adam Flanders told the jury.
The Crown is expected to finish its closing argument on Wednesday, before the defence will have its turn to address the jury.
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