The accused, Tryden Reis, was charged with attempted murder, possession of a loaded restricted firearm, discharging a firearm with intent to wound, aggravated assault, and using a firearm while committing aggravated assault.
The court addressed the admissibility of prior inconsistent statements from two key witnesses (Nicholas Gray and Kaion Brown) under R. v. Khelawon and R. v. B (K.G), admitting Gray's statement but rejecting Brown's due to its systematic deception.
An Edgar application to admit the accused's out-of-court utterance was dismissed, as Gray's question was an inquiry, not an accusation.
The primary defenses of accident and self-defense were rejected.
The court found that the victim, Tutu, was walking away when attacked, and the accused's subsequent shooting of Brown was neither in self-defense nor accidental.
Relying on Gray's police statement, video footage, and the accused's post-offence conduct (disposal of weapon and clothing), the court found culpability.
