Witness refuses to take oath at shooting trial

Just when you thought you'd heard of everything....

A crucial Crown witness who was supposed to begin testifying at a first-degree murder trial today stunned a downtown Toronto court this morning by refusing to take the oath.

"I'm not testifying," Marlon Wilson said shaking his head as jurors looked on in Superior Court.

"You're required to testify sir," Justice Michael Dambrot told Wilson.

"I'm not going to say my name ... I ain't taking no oath," Wilson replied.

"Nice to see you members of the jury," Dambrot said to the seven women and five men who had moments earlier taken their seats.

The jury has heard Wilson is alleged to be a "gang associate" of the three men on trial, Tyshan Riley, 26, Philip Atkins, 25, and Jason Wisdom, 23.

They're charged with first-degree murder and attempt murder in the March 3, 2004 drive by shooting at Finch Avenue and Neilsen Road that killed Brenton Charlton, 31, who worked in a concession stand at the SkyDome. His friend, Leonard Bell, now 48 and a renovator, was hit several times in a barrage of gunfire and survived.

The Crown has described the shooting as a case of mistaken identity linked to gang warfare between Galloway gang members and rivals in Malvern.

Wilson was supposed to testify about receiving a call on the night of the shooting as well as hearing his account about a social gathering later on. The jury was also told on opening day Wilson would give evidence about a .357 Glock found by police to have the presence of DNA of both Wilson and Atkins.

Ballistic evidence will show shells found at the scene were consistent with and could not exclude the fact that one of the guns used in the shooting, Crown attorney Suhail Akhtar told the jury on opening day last week.

About an hour after Wilson's refusal, the jury returned to the court and another attempt was made.

"Mr. Wilson you've indicated you are refusing to take an oath," Dambrot said facing him in the witness box.

"Right," replied Wilson, wearing a blue button-down shirt and a thick black beard and glasses.

"I'm ordering you to take the oath ..is your position still the same?," Dambrot asked.

"Yup," Wilson said,

Dambrot then told Wilson he has the power to find him in contempt of court and impose a punishment or that he could be charged with obstruction of justice.

Wilson shook his head to signal he wasn't changing his mind.

Dambrot then told the jury this was not "an everyday event," and instructed them to return to court Tuesday to give counsel time to reorganize the schedule.

Toronto Police name Osgoode shooting suspect

Another update to the story posted January 23 2009 at 10:50am

Toronto police have named a suspect in the Osgoode subway shooting incident -- Curt John, 21, of no fixed address.

They said at a Thursday news conference that he should be considered armed and dangerous.

"He knows he's wanted, he's a dangerous person and we're doing whatever we can to get this person off the street," Insp. Mario Di Tommaso told reporters.

Police are looking for John in connection with several other criminal matters:

- a warrant for arrest on attempted murder and several firearms charges have been issued in connection with the Jan. 22 incident at Osgood station

- a warrant for arrest on a charge of being an accessory after the fact to a July 26, 2008 homicide in 32 Division

- a warrant for arrest on charges relating to a pistol-whipping and vehicle theft that occurred on Wednesday

"In addition, this dangerous individual is also wanted by 22 Division in regards to a robbery and an assault that took place back on Nov. 27, 2008," Di Tommaso said.

He appealed the public to contact police with information and if they see him, to call 911.

"This individual is extremely dangerous, he is considered to be armed and dangerous, and members of the public should not approach this individual," he said.

Di Tommaso asked for John to turn himself in "before anybody else gets hurt."

At 10:47 a.m. on Jan. 22, one man shot another on the platform after a southbound University-line train pulled into Osgoode station. They had been arguing on and off. They had been on a bus from near Jane Street and Finch Avenue that traveled to the Downsview subway station.

Three shots were fired. The victim suffered wounds to his abdomen and leg. He was released from hospital the next day.

Chaos erupted around Osgoode station, with heavily-armed tactical officers swarming the streets. The station itself was shut down to allow police to investigate and wasn't re-opened until late in the rush hour. The University line between Union and St. George stations was shut down for a shorter period.

Police took a person of interest into custody at Queen Street West and Spadina Avenue, but then released him without charge.

Police released an image of a potential suspect captured from a security camera. The shooting victim told investigating officers that he knew the suspect if he saw him, but didn't know the man's name.

However, Di Tommaso said Thursday that the two men did know each other -- but wouldn't elaborate any further.

Other allegations

On Wednesday at 3:45 p.m., police received a call about a person with a gun in the Niska Road and Tobermory Drive area, he said.

The victim told police that two men approached him in the Jane-Finch Mall and asked for a ride to a Niska Road address. "The victim agreed and drove the suspects to that address, at which point the victim was pistol-whipped by the suspects, thrown out of the car and the suspects fled with the victim's vehicle," Di Tommaso said.

Although he may now have a vehicle, police believe John is still in the Toronto area, he said, adding the second suspect in Wednesday's case hasn't been identified yet.

The victim in the car knew John, Di Tommaso said.

Insp. Borg said the homicide occurred on Jamaica Day just outside of Keelesdale Park.

"We have arrested ... the cousin of Curt John, who is Jimmy John," he said.

Jimmy is in custody, having been charged with second-degree murder.

Borg said police allege that Curt John allowed Jimmy John to use his name to obtain medical care and disposed of some evidence for his cousin after the homicide.

"We've dedicated resources since the beginning of December to find Curt John," he said.

Di Tommaso said that assisting a fugitive is a criminal offence in its own right, adding that Curt John's family and lawyer know that police are searching for him.

He didn't have much information on the robbery and assault allegation from November.

It should be borne in mind that none of these allegations against Curt John have been proven in a court of law, and all persons should be considered innocent until proven guilty in a court of law.

UPDATE: TTC board chair defends public transit safety

There has been an update made to the posting originally posted 01-23-09 at 10:50AM

A new surveillance video has been released of the shooting suspect wanted by Police, Thank you to Sympatico.

TTC board chair defends public transit safety

Toronto Transit Commission (TTC) chair Adam Giambrone said Friday that the recent mid-morning shooting at Osgoode station may have left subway riders shaken, but they have little reason to be concerned about their general safety while riding public transit.

"Obviously when something like this happens, it's very disconcerting and it causes us to reflect on security,"

"Over the last couple years, the Toronto Transit Commission has put in over 10,000 cameras across the system, we've hired more special constables and we've worked, most importantly, with Toronto police to beef up the amount of security on the system."

"These incidents are incredibly rare and of course we know crime in Toronto, as it is across the country, continues to decline and that's true of incidents on the TTC," Giambrone added.

The TTC chair's comments come as Toronto police continue their search for a single male suspect in the shooting incident that sent a male teenager to hospital with gunshot wounds.

Police say a 19-year-old male suffered serious injuries after he was shot twice -- once in the stomach and once in the thigh -- at around 10:45 a.m. Thursday on the Osgoode subway station platform.

The suspected shooter was captured on security cameras and police were able to release his image to the public.

He is described as a black male, between 20 and 27 years of age. Between 6' and 6'2" in height with a medium build, the suspected subway shooter was wearing a Toronto Blue Jays cap along with black, fur-lined parka, black pants and black Nike Air Jordan running shoes.

Anyone with information for police should contact investigators at 416-808-5200, or to call Crime Stoppers at 416-222-8477

UPDATE: New Surveillance video of the suspect has just been released

Man Clings To Life Following Overnight New Years Shooting

What a way to bring in The New Year, Bullets rang out on Danforth Ave during an argument outside a New Year's party at the Paradise Sports Bar and Billiards Club at 940 Danforth Ave at about 3:30am Thursday. The gunfire sent two men to hospital, one with life-threatening injuries.

"It's very critical, I'll put it that way. We don't know if he's going to make it or not. He's being watched closely by the doctors at this point," explained Det. Gerald Ball of Toronto Police.

Paramedics found the gravely hurt victim on the sidewalk, shot in the head. He's listed in critical condition in hospital.

The other individual was shot in the leg, but was still able to run for his life. Officers picked him up a short distance from the club.

The shooter fled with a group of friends.

Investigators would like to speak to anyone who brought in the New Year at the Danforth and Jones Ave. area bar.

"When we got here, they were almost all gone. There was no one here except for about eight people. So if there's anybody that can offer any information, we would like to speak to them," noted Det. Ball.

You can call Toronto Police 54 Division at 416-808-5400 or Crime Stoppers anonymously at 416-222-TIPS (8477).

Another person was shot in the leg not far away from where this incident took place, in the area of Dawson Ave. and Earl Grey Rd. There's no word on whether that incident, which occurred at about 5am, is related to the shooting earlier in the night.

Meanwhile, police in the west end are also looking into the circumstances of a shooting near Dixon Rd. in the west end. The victim in this shooting suffered a gunshot wound to one of his legs. He was taken to Etobicoke General Hospital to be treated but his injuries weren't considered life threatening.

Anyone with information in any of the overnight incidents can call Crime Stoppers at 416-222-TIPS (8477), Again, you can do so anonymously if you prefer

Ottawa police officer shoots 2 people with 1 bullet

Ontario's police watchdog is looking into an incident in Ottawa in which a police officer shot two people Monday with one bullet.

Two officers were called to a 12th floor apartment to check out reports of a distraught woman and were confronted by a woman with a knife. The Special Investigations Unit says during an incident that followed, 25-year-old Samantha Soderlind was shot in the chest by one of the officers.

The bullet then passed through her body, went through a bedroom wall and struck a 27-year-old man in the face.

The SIU says Steven Lindsey had gone to the unit to assist the woman and was told to wait in the bedroom as police tried to control the situation.

The injuries to both Soderlind and Lindsey were not life-threatening.

The SIU investigates all cases of serious injuries and deaths involving the police and the public.

Man shoots talker at movies

A man angry that a family was talking during a movie in a cinema, threw popcorn at the son and then shot the father in the arm, according to police in Philadelphia, Pennsylvania.

James Joseph Cialella, 29, was charged with attempted murder, aggravated assault and weapons violations, a police report said.

Cialella told the family sitting in front of him in the theater on Christmas Day to be quiet, police said.

An argument then ensued while others at the Riverview Movie Theatre watched "The Curious Case of Benjamin Button," starring Brad Pitt and Cate Blanchett, The Philadelphia Inquirer reported.

Cialella then approached the family from the left side of the aisle and shot the father, who was not identified, as he was standing between Cialella and his family, according to the police report.

The victim was taken to Jefferson Hospital with a gunshot wound to his left arm, police said.

Cialella was carrying a Kel-Tec .380-caliber handgun clipped inside his sweatpants, police said. He was arrested and taken into custody.

Theatres across North America regularly check patrons for items such as video cameras, camcorders and so on (At least to my knowledge?) , How he was able to enter the theatre with a firearm is yet to be determined.