Malvern Crew case: Province will appeal acquittal in gang-related killing

From the Toronto Star (Province to appeal murder acquittal by Betsy Powell, May 8, 2007):

The province is asking the Ontario Court of Appeal to overturn a jury's acquittal of Warren Abbey for first-degree murder.

On March 29, after a six-week trial, Abbey was found not guilty in the Jan. 8, 2004 shooting of Simeon Peter in Toronto's east end.

The Crown alleged the slaying related to ongoing gang warfare between the Malvern Crew and Galloway Boys.

[. . .]

The Crown's main ground for appeal was that the trial judge erred in law by excluding evidence "regarding the meaning or significance of a teardrop tattoo" that Abbey had inscribed under his right eye after the victim's murder.

A "certified gang specialist" testified for days, without the jury present, that the teardrop tattoo, specifically in gang culture, can be interpreted as a signature for killing a rival.

Superior Court Justice Todd Archibald refused to allow the jury to hear the expert or any mention of the tattoo, saying it was a "scarlet letter" that could have a "prejudicial effect" on the trial.

[. . .]

Police officers privately criticized the ruling and worried the acquittal would hamper their fight against gangs because of the difficulty in persuading witnesses to testify – a concern the defence rejected as groundless. At the Abbey trial, jurors heard three gang members testify.

[. . .]

Read all of Betsy Powell's article.

See also:

Legal rulings complicate gang prosecutions

Anti-gang sweeps placing huge strain on Ontario legal aid plan