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Brass Rail shooting update

S.C. Joe

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Nov 2, 2007
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Not sure if this is the right place for this-if not please move it.

Since theres another post about guns, thought some would like to know more about the Brass Rail shooting. Those 2 guys went to court and lots more info came out about that night.

I like how B.R. threw them out after not even 30 mins..it was the one guys birthday but don't cut him any slack. I would like to know what "being rude" to the dancers is-that they did not say-but slow buying drinks? Heck they were not in there for more than 30 mins, 1 drink is all I would be on. As for wearing their baseball caps backwards-oh thats really bad---can't have that now can we.

They do explain why the other guy is facing first degree murder charges, they have five eyewitnesses, he was the bellicose instigator of tragic events that ensued. So I can understand now why hes in as much trouble as the shooter but I don't think B.R. should have been so quick to throw the 2 guys out of the club--not saying its right they shot a gun, just that maybe if B.R. would have let the 2 guys celebrate the dudes birthday, the shooting might not have happen. But nows a man is dead, so they should go to jail and I am sure they will be.


http://www.thestar.com/News/Columnist/article/305916


A man walks into a strip bar to celebrate his 23rd birthday. Nothing unusual there.

Less than 30 minutes later, the man and a friend get tossed out of the bar, purportedly for being rude to the dancers, slow buying drinks and wearing baseball caps backwards in the manner of gang members, forbidden by house rules.

Within minutes of the ejection, an innocent bystander is lying dead on the sidewalk, shot in the head.

John O'Keefe was Toronto's second murder victim of 2008, slain Jan. 12 outside The Brass Rail. The 42-year-old was strolling along Yonge St., headed for the subway and home because he had to get up early the next morning to take his son to hockey practice. His misfortune was to step into the path of a bullet on Canada's busiest boulevard.

Edward Paredes and Awet Zekarias were both charged with first-degree murder of O'Keefe and attempted murder of the bouncer who booted them.

Yesterday, Zekarias appeared for a bail hearing before Justice David McCoombs, with 18 relatives and friends drawn from Toronto's Eritrean community providing support in the courtroom, several prepared to post surety.

Bail hearings are routinely subjected to publication bans that allow only the barest of details to be reported. On this occasion, none of the lawyers asked for one.

Zekarias is not alleged to have been the shooter. But, as homicide investigator Det. Graham Gibson told court, reading from synopses of interviews with five eyewitnesses, he was the bellicose instigator of tragic events that ensued.

"I am going to shoot you,'' Zekarias is alleged to have threatened, after brushing himself off from a rough deposit on the street, as bouncer Mario Ordonez told police. Gibson quoted: "Zekarias was shouting (to Paredes), "Give me the gun. I'll do this guy.''

Two other bar staffers said they heard Zekarias urge Paredes to use variously his "gat,'' "piece'' or "rod.''

Yet both of the accused were apparently on their way, walking south, when one of the employees, the head of security, yelled out, "Hey, I got your cellphone!''

Paredes was described as calm and apparently not wishing to provoke further trouble. Then, court heard, "he loses it,'' turning around, pulling a gun from his waistband, twice racking his weapon (a second casing was found on the pavement) and firing directly at employee Shane Knox as the latter ducked inside the doorway.

That bullet found O'Keefe, who'd wandered into the crosshairs.

Court heard that Paredes belonged to a gun club, legally owned the Baby Eagle 9-mm semiautomatic and had a "permit to transport,'' properly stored – not tucked down the front of his pants.

Under police interrogation, Paredes said, according to Gibson's notes, he "wanted to see his girlfriend to say he'd done something stupid,'' and put the clothes he was wearing that night into a plastic bag, the gun in its case, intending to drop everything off at 41 Division the next day.

In his own police interview, Gibson told court, Zekarias acknowledged his rage over brutish ejection. "It did not matter to Zekarias that he was 115 pounds. He was angry'' and prepared to fight. "(But) he denied ever seeing Paredes' gun.'' Denied knowing his friend had one or egging him on to use it.

McCoombs reserved decision on the bail application until March 13.

The judge noted the upstanding qualities of those offering to stand surety and the impressive community support. "It seems likely that (Zekarias) would comply.''

But McCoombs added: "The reality of the fact is that an innocent man was heading home, so he could get up early to take his son to hockey practice, and he was shot in the back of the head.''

And, in a clear reference to the 2005 murder of teenager Jane Creba only blocks away, he observed: "Unfortunately, this is not the first innocent victim to get shot to death on Yonge St.''
 

Dinovoedge

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Jan 15, 2008
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Just a note. "A gun makes a small man bigger" He had a gun which could have been used in the Club. The bar has the right to tell anyone to leave. Have a fight don't resort to gun play, yell, curse or just tell him he's an asshole when your leaving. No that's not how things are done today. I have a gun or a knife which I will use. This is a stain on sociaty which in my mind is becoming worst. It's just the beginning.
 

Aardvark154

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S.C. Joe said:
both of the accused were apparently on their way, walking south, when one of the employees, the head of security, yelled out, "Hey, I got your cellphone!''

Then, [the] court heard, "[Paredes] loses it,'' turning around, pulling a gun from his waistband, twice racking his weapon (a second casing was found on the pavement) and firing directly at employee Shane Knox as the latter ducked inside the doorway."
It is all the more tragic that an innocent passer by was murdered, but if Paredes had shot and killed Knox, it would be every bit as much first degree murder. Perhaps there might have been some slight mitigation as to degree if the head of security had yelled hey (expletive) I got your (expletive) cellphone (you expletive), however, that is not what the testimony showed.
 

fuji

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Jan 31, 2005
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I don't doubt that the Brass Rail security were complete assholes. Whether that mitigates a murder charge, though, I doubt: People have a right to be complete assholes. It's their private property. You can't go around shooting people just because they are complete assholes.

It's well known that they are assholes though.

I guess it's probably 2nd degree though. They weren't coldly calculating to kill the guy, they flew into a rage. I don't think the law cares whether or not the person you intended to kill is the person you actually killed. I think if you set out to kill someone, and you kill someone else instead, it's the same murder charge.
 

hunter001

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Why do bars have to cut someone "some slack" because he says it is birthday. :confused:
 

S.C. Joe

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Nov 2, 2007
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They don't but some do, some even give out a free drink.

I thought more about how the guy lost his cell phone in the first place. Only thing I can think of is he was thrown around in the club. The bouncer could have walk the two out but no need to be rough about it.
 

hunter001

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S.C. Joe said:
They don't but some do, some even give out a free drink.

I thought more about how the guy lost his cell phone in the first place. Only thing I can think of is he was thrown around in the club. The bouncer could have walk the two out but no need to be rough about it.
Well it is hard to say without being there. If the guys were carrying a gun it wouldn't surprise me if they had a attitude. I doubt a 23 year old had a permit to carry around a gun but I could be mistaken.
 

S.C. Joe

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fuji said:
I guess it's probably 2nd degree though. They weren't coldly calculating to kill the guy, they flew into a rage. I don't think the law cares whether or not the person you intended to kill is the person you actually killed. I think if you set out to kill someone, and you kill someone else instead, it's the same murder charge.

I would go with manslaughter but theres 2 shots not just 1 and he was not trying to stop the bouncer from hurting him but I believe was trying to "get even"...so maybe its 2nd.
 

S.C. Joe

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Nov 2, 2007
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hunter001 said:
Well it is hard to say without being there. If the guys were carrying a gun it wouldn't surprise me if they had a attitude. I doubt a 23 year old had a permit to carry around a gun but I could be mistaken.

No he did not have a permit to keep the gun hidden. This is why I don't like seeing people carrying a gun. Way too easy to lose your cool and kill somebody. 23 years old is pretty young too.

Heck, looking back at my whole life, if I had a handgun with me 24/7 when I was young, I hate to think what might have happen, maybe nothing but then again.
 

hunter001

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S.C. Joe said:
No he did not have a permit to keep the gun hidden. This is why I don't like seeing people carrying a gun. Way too easy to lose your cool and kill somebody.
Without going into stereotypes, nothing here is really surprising including being kicked out of the bar.
 

S.C. Joe

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I told myself no more posts :p but hey, just 1 more.

The bouncers in those clubs are showing off to the ladies hoping they get them. Thats why they act like jerks.

As for getting kick out, thats never happen to me but I wasn't hitting the strip clubs when I was just 23...seeing hookers, yeah but didn't have money to blow in a club also.
 

hunter001

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S.C. Joe said:
I told myself no more posts :p but hey, just 1 more.

The bouncers in those clubs are showing off to the ladies hoping they get them. Thats why they act like jerks.

As for getting kick out, thats never happen to me but I wasn't hitting the strip clubs when I was just 23
I got kicked out back in the day (I was around 22-23). I have no recollection of the incident but I have been told some of the details. I had no ill effects the next day from being escorted out and the next day the bouncer said something to me but I never had a problem after that... (I don't need/want to carry a gun it is just stupid.)
 

LancsLad

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Jan 15, 2004
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automorph said:
sad and tragic that an innocent person died...........if it was a bouncer I wouldnt give a crap.........too many bouncers act like idiots.......more of them need to be shot


I hope you were joking about the shot part, if not well lets just say..............................
 

hunter001

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LancsLad said:
I hope you were joking about the shot part, if not well lets just say..............................
Bouncers are people too... :eek:

 

Aardvark154

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Criminal Code

229. Culpable homicide is murder
(a) where the person who causes the death of a human being
(i) means to cause his death, or
(ii) means to cause him bodily harm that he knows is likely to
cause his death, and is reckless whether death ensues or not;

Classification of murder

231. (1) Murder is first degree murder or second degree murder.

Planned and deliberate murder
(2) Murder is first degree murder when it is planned and deliberate.

Intimidation
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused while committing or attempting to commit an offence under section 423.1.

Intimidation
423. (1) Every one is guilty of an indictable offence and
liable to imprisonment for a term of not more than five years
or is guilty of an offence punishable on summary conviction
who, wrongfully and without lawful authority, for the purpose
of compelling another person to abstain from doing anything
that he or she has a lawful right to do, or to do anything that
he or she has a lawful right to abstain from doing,

(a) uses violence or threats of violence to that person
or his or her spouse or common-law partner or children, or
injures his or her property;(b) intimidates or attempts to
intimidate that person or a relative of that person by
threats that, in Canada or elsewhere, violence or other
injury will be done to or punishment inflicted on him or her
or a relative of his or hers, or that the property of any of
them will be damaged;


Murder reduced to manslaughter
232. (1) Culpable homicide that otherwise would be murder may be
reduced to manslaughter if the person who committed it did so
in the heat of passion caused by sudden provocation.

What is provocation
(2) A wrongful act or an insult that is of such a nature as to be
sufficient to deprive an ordinary person of the power of self-
control is provocation for the purposes of this section if the
accused acted on it on the sudden and before there was time
for his passion to cool.


no one shall be deemed to have given provocation to
another by doing anything that he had a legal right to
do, or by doing anything that the accused incited him to
do in order to provide the accused with an excuse for
causing death or bodily harm to any human being
.
Perhaps there is a nuance I'm missing, not being a member of the Upper Canada Criminal Bar. But to me there certainly seem to be the "threats of violence" under §231(6.2) which bump this up to first degree murder. It certainly doesn't seem to me that "Hey, I got your cellphone!" constitutes "an insult. . . of such a nature as to be sufficient to deprive an ordinary person of the power of self-control!" and therefore reduce the charge to manslaughter under §232(1). I'd say first degree murder for both.
 

spatial_k

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fuji said:
I guess it's probably 2nd degree though. They weren't coldly calculating to kill the guy, they flew into a rage. I don't think the law cares whether or not the person you intended to kill is the person you actually killed. I think if you set out to kill someone, and you kill someone else instead, it's the same murder charge.
I think they're probably hurt with the fact that prior to shooting, they.... threatened to shoot.
 

hunter001

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lol. They couldn't even get Picton for first degree...
 

Aardvark154

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hunter001 said:
lol. They couldn't even get Picton for first degree...
It wasn't that they didn't charge him, it was that the Jury got confused and reached a compromise verdit.
 

hunter001

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Aardvark154 said:
It wasn't that they didn't charge him, it was that the Jury got confused and reached a compromise verdit.
Yes I know.
 

S.C. Joe

Client # 13
Nov 2, 2007
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hunter001 said:
lol. They couldn't even get Picton for first degree...

Dam, these 2 guys are like little angles compare to that guy. But that guy should have been stop long time ago. Too bad it took the police so long to get him.


Yeah, back when I was 23, I made a jerk out of myself and said things that I forgot about until my friends laugh about it later on. Was good and drunk too
 
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