Shooter convicted in nightclub killings, driver acquitted

Judge rejects self-defence argument for man who pulled gun in 2017 Port Lands incident

An Alberta cocaine dealer who shot and killed two men outside the Rebel nightclub in Toronto’s Port Lands has been convicted of second-degree murder and manslaughter Friday by a judge who rejected his testimony that one killing was in self-defence and the other accidental.

However, the getaway driver who took Toronto police on a high-speed chase and tried to cover up the slayings of Zemarai Khan Mohammed (also known as Amir Jamal), 26, and Tyler McLean, 25, was acquitted of two counts of second-degree murder.

Driver Abdirisaq Ali’s lawyer, Craig Bottomley, conceded his client would have been convicted of being an accessory after the fact to two homicides, had those charges been laid.

Summarizing his findings in the case, Bawden said that after an unremarkable few hours inside the downtown club early on Oct. 1, 2017, Tanade Mohamed and Abdirisaq Ali stopped at a hot dog stand near the parking lot where Ali had a brief conversation with two young women. McLean, who had been at the club, told Ali to back off because the girls were with him.

The situation escalated and turned physical until a paid duty officer broke up the commotion and the two groups separated. Ali picked up his SUV from a valet and rather than leave at the nearby exit, drove and parked in a spot near where McLean, Mohammed and the two women had stopped to talk.

Less than two minutes later, Tanade Mohamed jumped out of his car intending to “terrorize” McLean with a gun. Zemarai Khan Mohammed intervened — threw a punch — and for that, Mohemed shot him in the head.

Bawden called it “incomprehensible” that four men met for the very first time at 3:03 a.m. and, “nine minutes later, the two victims had been fatally shot and the two accused were fleeing the scene.”

Tanade Mohamed testified he was acting in self-defence when he shot Mohammed in the head and had no intention of killing him.

Bawden rejected his evidence. “Mr. Mohamed did not shoot Zemarai Khan Mohammed out of any fear for his own safety. He shot in vengeance for having been punched.”

Bawden noted that during his testimony, Mohamed used a passive voice when describing firing the gun — saying, “when my hand shot the gun, I hadn’t put any thought into doing it.”

“Hands do not fire guns on their own volition and purpose is required to pull a trigger,” Bawden said, adding that Mohamed’s efforts to distance himself from intentional acts is “patently false.”

Bawden was however more accepting of Mohamed’s testimony that after shooting Mohammed, he was “freaked out” and accidentally shot McLean, who was trying to stop him from fleeing.

While Bawden didn’t buy the claim the shooting was an accident, the judge said he is “certain” Mohamed “was panicked after killing the other man, raced back to the (SUV), intent on escape,” and fired one shot through the open door hitting McLean in the chest.

While it was “obviously most likely that he intended to kill Mr. McLean,” there were other rational inferences including the possibility he was firing his gun to scare McLean so he would let go of the car. The judge, therefore, said he had a reasonable doubt that Mohamed was trying to kill McLean, and so found him not guilty of murder but guilty of manslaughter.

While the Crown alleged Ali knowingly assisted Mohamed to kill both men and was therefore guilty of two counts of second-degree murder, Bawden disagreed. He said he accepted Ali’s testimony that he did not know there was a gun in the vehicle and did not see Mohamed retrieve it as they drove through the parking lot.

Ali testified that following the killings, he ignored police orders to pull over because he “didn’t want to go to jail” because he knew Mohamed had shot the gun. “A 23-year-old with a different cultural background than Mr. Ali’s might well have stopped when directed to do so by a uniformed police officer. Such a willingness to comply might be motivated by a lifetime of positive associations with police officers and a confidence that police would fairly consider his explanation for being in the vehicle. Mr. Ali did not have any such confidence. In his mind, he would be going to jail.”

While Ali embarked upon a course of “deceitful conduct” after fleeing police — including destroying evidence — the judge said he believes this related to “the instinct to maintain solidarity with a member of his own community,” where a code-of-silence runs deep.

Bawden told the correctional officer that Ali had been found not guilty and because he faces no other charges he should be ordered released at the earliest opportunity.

Bawden also addressed Ali, who watched the proceedings from the video room at the Toronto South Detention Centre.

“I personally think you were fully aware of the burden that you carry for what happened that night,” Bawden said. “You have the rest of your life to demonstrate to everyone who you are,” he said, wishing Ali good luck.

Ali appeared stunned by the verdicts. Mohamed’s sentencing hearing is scheduled for Oct. 4.

A first trial held in front of a jury at the University Avenue courthouse was interrupted by the COVID-19 pandemic. Mohamed and Ali’s second trial was heard before the judge alone this spring.