A Toronto police officer, who was off-duty during the Boxing Day shooting which killed Jane Creba, took the stand on Thursday.
Constable David Audette was out shopping on Yonge Street with his wife when the gun battle erupted.
Audette testified that he was so close to one of the shooters, that ejected shells from a semi-automatic handgun struck him as it fired. He was one of six people wounded, while the 15-year-old died at the scene.
The gunman Audette described was older, taller and had a darker skin complexion than J.S.R. -- the accused on trial.
His testimony sends a blow to the Crown in its ability to prove that J.S.R. fired a shot in the gun battle that left Creba dead.
J.S.R. - now 20-years-old -- has pleaded not guilty to second-degree murder, six counts of attempted murder and other gun charges.
He is the first of nine people to go to trial in the case.
