Four men acquitted in Jane Creba case
The Canadian Press
Published Monday, November 23, 2009 3:20PM EST
TORONTO - Four men have been acquitted in the Boxing Day 2005 shooting death of 15-year-old Jane Creba in downtown Toronto.
The prosecutor told court today that following a pretrial ruling it was determined there was no reasonable prospect for a conviction against the four, who were facing manslaughter charges.
No evidence was called against Andre Thompson, Shaun Thompson, Vincent Davis and Andrew Smith, and the judge was left with no option but to acquit them.
However, three other accused -- the alleged shooters in the case -- still face charges of second-degree murder.
Creba was shopping with her mother and sister in the city's downtown when she was caught in the crossfire of a shooting between rival gangs.
Defence lawyer David Midanik said outside court the four men should not have been charged in the first place.
"They didn't do anything either legally or morally wrong and there was never any evidence they did anything either legally or morally wrong," Midanik told CTV.
"Once they were charged, the Crown's office should have intervened to stop the prosecution a long time ago."
Lawyer Robert Chartier said his client, Andre Thompson, had been in custody since Boxing Day 2005.
Chartier called the acquittal a "vindication" for Thompson.
"He feels horrible as to what happened to Miss Creba, but he's maintained his innocence since Day 1."