ONTARIO
SUPERIOR COURT OF JUSTICE
Court File No.: CR-14-500000205-00BR
Date: 20141002
B E T W E E N:
HER MAJESTY THE QUEEN
Elizabeth Nadeau, for the Respondent
Respondent
- and -
TYRONE KNOTT
Jennifer Budgell, for the Defendant/Applicant
Defendant/Applicant
Heard: October 2, 2014 at Toronto, Ontario
Michael G. Quigley J.
Reasons for Ruling
[1] There will be no bail granted. I am not satisfied on the secondary ground that bail ought to be granted here. I accept that the accused’s grandmother means well and I am sure that she would do her best to discharge the duties of a surety, but I am not satisfied that she can control the actions, movements or visitations to the 3434 Eglinton Avenue address where the accused would be residing if bail were to be granted.
[2] More importantly, in my view this is a case that is still unfolding. It is also a case where there is and has been an absence of cooperation by the participants with police investigators, and it occurs against the background of the gang warfare that is going on between two factions of the Crips, and the risks that uncontrolled violence poses to the safety of the community. Not only is there a risk to the safety of the community but there is real risk to the safety of this accused as evidenced by the attack made on him in the detention facility. As a situation where there is real risk to the safety of the accused and those in the community with no one fully cooperating with the police and with an investigation that is not yet completed and that continues to unfold, I find that it would be unfair to put these sureties in the situation of potentially losing significant assets of money, significant amounts of money and assets to provide support and surety to her grandson, one of the accused in this matter, in a situation that I am satisfied she cannot hope to control.
[3] There are suspects in this case that remain at large. The alleged shooter was finally apprehended less than three weeks ago, on September the 10th, 2014. Others remain at large. In my view, so long as this investigation continues and suspects remain at large and as long as the safety of the accused and the others remains at risk while Jermaine Dunkley, evidently the gang ringleader, continues to fume and be in a state of uncontrolled anger over his brother’s death in the spring of 2014, I am not satisfied that the defendant could be released into the community, on the secondary ground, and I do not have the same confidence that the defence does that there is also no risk to the safety of the public or to a witness, including him.
[4] In my view his detention continues to be necessary. Neither has he satisfied me that there may not be interference in the administration of justice going forward. So that also factors into my decision. As the case unfolds, needless to say, Mr. Knott and counsel know that he has a right to bring an application again to again seek release. Maybe that will be done sometime down the road when the case is more fully investigated, when we really know what’s going on and when the continuing back and forth that’s going on of killing of victims in the community in this gang rivalry is perhaps under some kind of control. Bail is denied. Thank you.
Michael G. Quigley J.
Released: October 2, 2014
COURT FILE NO.: CR-14-50000205-00BR
DATE: 20141002
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
Respondent
- and -
TYRONE KNOTT
Defendant/Applicant
REASONS FOR RULING
Michael G. Quigley J.
Released: October 2, 2014