On August 5th, 2009, MacGyver Edwards and Tristan Lall attended 47 Gilder Drive in Scarborough to take part in a drug transaction with another group of men.
Edwards and Lall both knew the groups would be carrying loaded firearms and that there was an ongoing issue between the two groups. There was a high risk of an altercation.
Almost immediately, multiple firearms were discharged that summer evening, in a courtyard where the public, including children, were gathered.
One of the bullets struck Zabiullah Mojaddedi in the chest. He died shortly after at Sonnybrook Hospital.
Lall and Edwards were charged with second degree murder.
On Wednesday, their jury trial was interrupted half way through and a directed verdict was registered for manslaughter.
The judge dismissed the jury after telling them that this was not a typical trial. She instructed them that it was not possible to find the men guilty of second-degree murder or the charge of robbery because there was insufficient evidence.
Justice Anne Molloy immediately sentenced the two men to time served.
Both men had spent more than 4.5 years in pre-trial custody. Giving them credit for nine years and nine months jail time for Lall; nine years and four months for Edwards.
Crown Josh Levy was asking for more time for Lall because he was on probation for firing into a night club full of patrons in another dispute when he became involved with this killing. Although Lall was not the man who fired the fatal shot, he was involved with “drug dealing gun totting groups of people.”
Lall read a letter of apology that the judge described as articulate and believed his remorse was heart felt.
Justice Malloy: ”I’m going to take that gamble” and agreed that the sentence of time served was within the appropriate range.
“It might be an opportune time to start Mr. Lall on a better course.”