Crown asks for retrial in case of fatal shooting of teen passerby

A mistrial has been declared in the case of a man accused of shooting and killing a 15-year-old passerby during a gang-related shootout in Vancouver.

Kane Carter was charged with second-degree murder in the death of Alfred Wong, 15, who died after a bullet flew into his parents' car on Jan.13, 2018.

Carter faced additional charges of second-degree murder and discharging a firearm with intent in relation to the death of Kevin Whiteside, 23, who was shot the same night outside a Vancouver restaurant and later died.

The jury came back Tuesday saying it was deadlocked after five days of deliberations in Carter's trial.

On Wednesday morning Crown counsel said it will be seeking a retrial. 

During the trial, Crown told the jury that Carter was protecting a gang associate at a nearby restaurant when he began shooting, killing both Whiteside and Wong. 

Carter's defence lawyer, Richard Fowler, told jurors there were significant gaps in time in the Crown's theory of what happened that day. 

The jurors could not reach a unanimous decision, and now prosecutors must decide whether to try Carter for a second time. 

The B.C. Prosecution Service said the parties will meet in court again on Wednesday morning.