Gang member testifies in Cansanay trial

A crown witness said Thursday he saw a gun in the hands of a man accused of second-degree murder in connection to the shooting death of an innocent bystander.

Gharib Abdullah, a member of the Mad Cowz street gang, testified on Thursday that he saw Jeffrey Cansanay and a teen boy emerge from a home in the city's West End and that Cansanay was carrying what appeared to be a .22-calibre rifle.

Cansanay is on trial for allegedly killing Phil Haiart, 17, who died of a gunshot wound to the stomach after he was shot near the intersection of Sargent Avenue and Maryland Street on the night of Oct. 10, 2005.

'Now I'm trying to tell you guys the truth and you guys say I'm lying. I'm trying to tell you guys the truth.' —Gharib Abdullah

The 22-year-old said when he saw the gun he and another member of the Mad Cowz  turned and fled on their bicycles.

"I seen the gun, I just turned around and left – I didn't want to stick around," Abdullah said. As many as seven shots were heard, he said.

"Shots was going everywhere — I don't know where they landed."

Abdullah testified, however, that he never saw who pulled the trigger.

"I seen the gun in [Cansanay's] hand, but I didn't see him shoot … I turned around. I didn't see who shot," he said. "I saw him holding a gun, I turned around and I heard gun shots. That's it," Abdullah said.

Drug dispute led to killing

The Crown alleges that a dispute between the Mad Cowz and associates of a rival gang over the sale of drugs out of a crackhouse at 606 McGee Street led to the shooting.

The home had been the scene of a series of violent incidents in the hours leading up to the shooting, court previously heard.

Haiart and another man were simply walking in the area of the shooting and were struck by errant bullets that police and the Crown allege were fired by Cansanay.

Abdullah said he went to the home that night to sell drugs and possibly "talk about the problem" with people inside. Along with him was Corey Amyotte, another Mad Cowz member.

The two were standing in a large parking lot across the street from the home when Cansanay — a man he knew at the time as "Jeff," — and the teen boy came outside to confront them.

Abdullah testified that he knew that there could be trouble if he was seen near the home. Either he or Amyotte was armed with a can of bear spray, he said.

"I know if I go there, there's gonna be a problem … can't just go there and sell drugs. It's not your turf," you know," Abdullah said.

Neither Abdullah nor Amyotte were injured. However Cansanay is also charged with attempted murder for allegedly trying to kill them.

Abdullah said hours after the shooting, officers came to his house holding a picture of Haiart.

"They said this guy got killed and we're gonna charge you with it because you were there," Abdullah said.

Crown Attorney Gerry Bowering questioned Abdullah on the reason for his dour demeanor while in the witness box.

His answers seemed to come reluctantly, and were often limited to a 'yes' or a 'no.'

"This is the first time, I'm nervous — put yourself in my shoes," he said. "Now I'm trying to tell you guys the truth and you guys say I'm lying. I'm trying to tell you guys the truth," Abdullah said.