Toronto

Charges stayed for 5 of 8 accused in shootout outside Toronto music studio

Charges have been stayed against five of the eight people accused in a shootout near a Toronto recording studio last month.

Lawyer for one of the formerly accused says charges should have been withdrawn

Photo of a police man standing next to a police car at night
Toronto police arrested 23 people after close to 100 shots were fired outside a recording studio in the city’s west end on Nov. 11. Eight of the 23 were charged. Now charges against five of the eight have been stayed. (Arlyn Mcadorey)

Charges have been stayed against five of the eight people accused in a shootout near a Toronto recording studio last month.

Court documents show the charges were stayed Friday at the request of the prosecution.

Police said last month that eight people were facing more than 30 firearms-related charges between them after two groups exchanged gunfire near Queen Street W. and Sudbury Street the night of Nov. 11.

They said three people got out of a stolen car and opened fire on a group outside a recording studio, where dozens of people were attending a birthday party. Police said some in the group fired back at the three.

No injuries were reported but police said several bullets struck an unmarked cruiser occupied by two officers who were in the area for an unrelated investigation.

Additional arrests, charges anticipated, police say

Toronto police said Friday that their investigation continues and additional arrests and charges are "anticipated" as investigators piece together what happened that night.

"This remains an active and complex investigation," Stephanie Sayer, spokesperson for the police, said in a statement on Friday.

Sayer said 23 people were arrested on the night of the shooting and 16 firearms seized.

"Initial charges were laid against eight individuals; however, further investigation determined that some were not directly connected to the shooting incident or firearms. As a result, those charges have been withdrawn," she said.

Investigators are continuing to link firearms to suspects, she added.

Clayton Campbell, president of the Toronto Police Association, said in a statement that the process is unfolding as it should.

"In a dynamic and dangerous situation such as this incident, police make arrests and lay charges with the information that is available to them at the time," Campbell said in the statement. "Where evidence is available, and there is a reasonable prospect of conviction, the case will move forward, and a decision will be made by a judge or jury," he added.

"Our concern then and now is the revolving door of violent repeat offenders. Today's decision by the Crown does not change that and, in fact, has nothing to do with the issues we raised with our fellow police associations when this reckless and violent gunfight took place."

The TPA, following the shooting, repeated its call for bail reform.

Earlier this month, it issued a joint statement together with the Ontario Provincial Police Association (OPPA) and the Police Association of Ontario (PAO) asking the federal government to keep repeat and violent offenders in jail while they wait for trial. 

Defence lawyer says charges should have been withdrawn

Salematou Camara, defence lawyer for one of the five accused whose charges have been stayed, said in an email that the charges against his client should have been withdrawn.

When charges are stayed, she said, the Crown has the option to revive them within 12 months.

"This speaks to the recent discussion about charges being laid only after being screened by Crowns instead of leaving it to the police," Camara said in an email.

"Because when it is left to the police, they charge everyone when there is no evidence supporting the charges and this leads to the system continuing to be overburdened and individuals suffering for no reason."

With files from John Paul Gallardo and Andrew Neary of CBC News