The defence has begun its closing arguments in the trial of the man accused in a Vancouver gang hit that resulted in the death of an innocent teenager.
Alfred Wong was riding in the back seat of his parents’ car on Broadway at Ontario Street in Vancouver when he was struck by a stray bullet in what police describe as a gang shootout in January 2018.
Kane Carter has pleaded not guilty to two counts of second-degree murder in the incident, which also left Kevin Whiteside, 23, dead, and the aggravated assault of another bystander who was grazed by a bullet.
The Crown alleges Carter was in Vancouver to murder Whiteside, who was allegedly in the same area at the time to kill Matthew Navas-Rivas, a member of a rival gang. Navas-Rivas escaped but was killed in another shooting months later.
Defence counsel, on Thursday, impressed upon jury members that they must weigh the evidence without sympathy or prejudice and be sure the proof provided is beyond a reasonable doubt.
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Because the accused “has done other bad stuff does not mean they can rely on his previous bad character,” the defence argued.
The defence, which did not call any evidence during the trial, says there are too many gaps in the Crown’s evidence for the jury to be sure Carter fired the deadly shots.
The Crown’s case is nearly entirely built on circumstantial evidence. It alleges Carter was in a burgundy van across the street, which was captured on surveillance video leaving the scene seconds after the gun battle.
The Crown argues the van is the same as the one found at Carter’s apartment complex. A bloody tissue and other DNA connected to the accused were found inside, plus three fired bullet casings.
The murder weapon was never recovered, and no one saw who pulled the trigger.
In its closing arguments, the Crown also pointed to Carter’s conduct after the shooting, telling the jury he changed his phone number the next day and bought a one-way flight to Ontario a few days later.
While the defence accepts the burgundy van is the same vehicle later found at Carter’s apartment complex, it does not agree with many of the Crown’s assertions about Carter’s conduct in the aftermath.
B.C. Supreme Court Justice Catherine Wedge is expected to deliver her final instructions to the jury on Friday.
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