Teen in $1,000 tracksuit who shot at group of strangers near Lime Ridge Mall convicted
In a matter of nine minutes, a 15-year-old Hamilton boy drew a loaded gun three times, including
firing at a group of strangers
who were trying to record his behaviour near Lime Ridge Mall last year.
In court Friday, Ontario Court Justice Stephen Darroch rejected the teen's testimony that he acted in self-defence, instead finding him guilty of all charges, including discharging a gun with intent to harm and assault with a weapon.
The teen's story during the recent trial was 'simply too far-fetched, too nonsensical, too internally inconsistent and too inconsistent with video,' Darroch said.
Court heard that on Sept. 1, 2024, the then 15-year-old, who cannot be identified under the Youth Criminal Justice Act, was shopping at Lime Ridge Mall with his brother where they both bought $1,000 tracksuits. The teen, who bought his with cash that he claimed to have earned doing chores around the house, changed into the tracksuit and left the mall.
Throughout, he carried a loaded handgun concealed in a small satchel strung over his shoulder.
Darroch noted that he didn't believe the teen's testimony that he bought the gun for $300 in cash a week and a half before, when someone he didn't know randomly offered to sell it to him while playing basketball at a park. The team claimed that he happened to have the $300 in cash on him, also earned by doing chores.
The teen's story about why he had so much cash and how he came to buy the gun 'stretches credulity beyond the breaking point,' the judge said.
The teen said he had been robbed before and didn't feel safe in the neighbourhood.
That day, almost immediately after exiting the mall, the brothers encountered a group in the parking lot. The teen said someone in the group asked him what was in his bag and showed him what he thought was a gun, so the teen flashed his gun, and the group left him alone.
Video shows the brief encounter, including the other group running away, but was not close enough to capture any weapons, Darroch said.
Then the brothers walked across the street, where they encountered a different group of people in the Dollarama parking lot, court heard. There was a verbal exchange, and the 15-year-old again pulled out his gun. This time he racked it, ejecting a full cartridge onto the sidewalk.
The brothers walked around the back of the building, near the loading area and through a chain-link fence, into a field behind the store. The other group followed, slowly and at a distance with phones out. Darroch said the victim was about two car lengths away, separated by the fence, with five other youths in the group, another couple car-lengths away, when the 15-year-old fired three shots. No one was hurt.
The teen testified that as he and his brother walked past the second group, one of the young men asked what they were looking at and then said to give him 'that hoodie.' He told the court he was chased, but video shows the group moving at a 'leisurely pace.'
The judge also noted that the teen admitted that as he walked away, he turned back and told the group to 'go f—k themselves' — a provocative statement that doesn't support self-defence. He also wore a ski mask.
Ultimately, Darroch found the teen's story failed on all three elements of the legal self-defence argument: catalyst, motive and reasonable response.
Moreover, he found the teen fired the gun intentionally and that he was not aiming at the ground, as the teen claimed in court.
Given the number of convictions, the Crown stayed one firearm possession charge. In total, the teen will be sentenced for five offences, including possession of a loaded prohibited firearm without authorization, possession of a loaded prohibited firearm while prohibited, breach of probation, discharging a firearm with intent to endanger life and assault with a weapon.
The case returns for a sentencing hearing June 24.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
4 days ago
- Hamilton Spectator
Direct indictments now in place for all four accused in Taig Savage murder
All four charged in the 2021 homicide of Taig Savage, a young man from Penticton, will proceed directly to trial after Crown prosecutor Kurt Froehlich filed direct indictments at the Penticton courthouse on Monday. This move eliminates the need for preliminary hearings. Savage, 22, was found unresponsive near Penticton Secondary School on the morning of September 5, 2021, after reportedly being attacked in a group beating. He died shortly after being transported to hospital. Police say he had left home that morning wearing pajamas and a hoodie. After a lengthy investigation, second-degree murder charges were laid in April 2024. The accused include three individuals who were under 18 at the time of the incident and are therefore protected under the Youth Criminal Justice Act. The fourth is Isaac Hayse Jack, now 22, who was 18 at the time and is charged as an adult The three youths were initially charged with manslaughter, but their charges were upgraded to second-degree next court appearance for all four accused under the direct indictment is scheduled for July 14. Jack remains free under strict bail conditions. Two of the three young offenders have recently breached their bail conditions. One male youth is currently in custody following his second breach in recent weeks. He has been held for nearly three weeks and is scheduled for a bail hearing on June 17 in Kelowna. The Crown has indicated it will seek jail time after he previously pleaded guilty to an earlier breach. His lawyer, Nelson Selemaj, is expected to request his release under 24-hour supervision, including electronic ankle monitoring. However, the Crown will argue for continued detention until trial. On May 16, the youth pleaded guilty to breaching a court-ordered curfew. The Crown is seeking a 30-day sentence, potentially longer in light of his second arrest. While Selemaj requested a pre-sentence report, Froehlich argued it was unnecessary, citing an existing Gladue Report. Judge Greg Koturbash agreed to postpone sentencing to hear from the youth's community service officer. Meanwhile, the only female co-accused, now 19, recently pleaded guilty to assault related to a separate incident in November 2023. Because she was a minor at the time of the homicide charge, her identity remains protected. She faces up to six months in jail, with sentencing set for June 19. According to Froehlich, the woman was driving through a hotel parking lot in downtown Penticton when a stranger criticized her driving. After a brief exchange, she followed him, parked, approached on foot, and struck him in the face. The unprovoked attack, caught on video, was later reported to police. The incident violated her bail conditions, leading to 13 days in custody before her release under new terms. Froehlich called the assault 'a serious aggravating factor,' emphasizing how rare it is for someone facing a murder charge to commit another violent offense while on bail. He recommended three to six months in jail, followed by two years' probation with strict conditions, including anger management and a no-contact order with the lawyer Cory Armour argued for a conditional sentence to be served in the community, highlighting the woman's remorse and life changes, including moving in with her grandmother, securing full-time work, and accepting responsibility. Armour submitted five letters of support and noted her grief over the recent loss of her stepfather and stress from her charges being upgraded.' She is committed to keeping on a straight path,' Armour said, urging the court to avoid incarceration. Justice Lynette Jung will deliver her sentencing decision on June 19. Until then, the woman remains under her grandmother's supervision. Jack and the three co-accused had initially opted for preliminary hearings, which are now cancelled due to the direct indictments. The three co-accused will be tried together by judge and jury. Jack will face a separate trial, also by judge and mother, Tracey, was again present in court Monday. She has attended nearly every hearing. DW Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
07-06-2025
- Hamilton Spectator
‘Are there any bears here?' Hamilton kids, some as young as 10, are armed with bear spray. What can be done?
Kids are using bear spray in swarmings, robberies, assaults and large brawls. Hamilton police are seizing it from high school lockers and from teens and children — some as young as 10 years old — who have armed themselves for 'protection' or to hurt others. These concerning incidents, which police warn are on the rise, are behind a request for the City of Hamilton to consider a bylaw regulating the sale of the noxious substance. There is no reason anyone needs bear spray in the city, said Ward 7 Coun. Esther Pauls, who is putting forward a motion to the general issues committee June 11. Project Street Light is targeting youth crime on the Mountain, following swarmings, assaults and 'Are there any bears here?' she asked, incredulously. 'Have you seen any?' Crimes involving a 'burning liquid spray,' including bear spray and mace, have more than doubled in the last four years, according to an analysis by police. And assault with a weapon and weapon possession offences were one of only a handful of categories of youth crime that rose last year, while other types of crimes committed by young people fell. There were 138 crimes involving a burning liquid spray last year, compared to 68 in 2020. This year, there were 41 incidents as of April 24, and police know there have been more since, said Supt. Dave Hennick, whose duties include overseeing youth crime and some aspects of crime prevention. 'There has been a troubling increase in the amount of incidents involving bear spray in city,' he said, adding that is why police are pushing for a proactive approach to keep the city safer. Hennick requested the statistical analysis because of those concerns and then reached out to Pauls. The motion asks city staff to investigate the feasibility of a bylaw to regulate the sale of 'deterrent spray' in Hamilton. Both Hennick and Pauls noted with alarm that there have been incidents in Hamilton involving offenders as young as 10. Children younger than 12 cannot be charged under the Youth Criminal Justice Act. 'It's unbelievable,' said Pauls, who is also a member of the police board. More than half the incidents documented by police involve young offenders between the ages of 10 and 19, while nearly half the victims are also young. Bear spray — made with capsaicin, the compound that makes chili peppers spicy — causes burning eyes, throat and skin irritation and can temporarily cause difficulty seeing or breathing. It's only intended use is in the wilderness, to deter bear or wildlife attacks. Hamilton police are seizing bear spray from high school lockers and from teens and children — some as young as 10 years old — who have armed themselves for 'protection' or to hurt others. Hennick said this is important because not only are younger people more likely to arm themselves with bear spray, they are more likely to be victims as well. Other cities in Canada have reported similar increases in bear spray incidents, with some taking steps to explore or impose bylaws, including Vancouver, Burnaby, Edmonton and Winnipeg. In March, for instance, the City of Kelowna in B.C. approved a bylaw that limits the sale to adults, requires businesses to keep records of sales for three years and requires sprays be kept out of the reach of public. Hennick said the hope is a Hamilton bylaw would limit the sale to those 19 and older, set expectations to retailers, such as checking identification and keep records of sales, and keep bear spray and mace out of reach of youths. 'I feel like this is a responsible step for us,' he said. Beyond enacting laws in Hamilton, Hennick said the hope is the city will also appeal to the Attorney General and Solicitor General to push for provincial changes. While it's not clear exactly why there has been such an increase in bear spray incidents, police believe the fact that it is easily accessible is part of the reason it has become the weapon of choice for many youth. It's simply easier to get than other weapons. The incidents in Hamilton have included fights between high school students and robberies. Paid duty officers have been required for security at the McDonalds near Lime Ridge Mall because of bear spray and other violent incidents involving teens. Many of the incidents are happening in Division 3, which covers the Hamilton Mountain, along with Flamborough, Dundas, Ancaster and Binbrook/Glanbrook. This area is also the most populous of the three policing divisions. Spike comes amid warning that the substance has become 'accessible weapon of choice' for In October, 15-year-old Jayden Russell was killed in a crash on the Lincoln Alexander Parkway. He was a passenger in a vehicle involved in a street race that happened amid escalating conflict between students at his high school, St. Jean de Brébeuf, and another, Nora Frances Henderson, that involved a large brawl and bear spray incidents. Last month, a 15-year-old was charged after allegedly forcing his way into a home and assaulting a family with bear spray and a knife. A nine-month-old baby was among those affected by the bear spray. According to the 2024 youth crime report, there were 959 young people between 12 and 17 involved in crime in Hamilton last year. This was a 1.5 per cent decrease from 2023, but 2.9 per cent higher than the five-year average. Bear spray use among kids is on the rise. Despite the overall decrease, several key areas of youth crime increased year-over-year in 2024. Assault with a weapon increased by 29 per cent to 84 incidents, possession of weapons increased by 53 per cent to 23 incidents, disturbances increased by 75 per cent to 21 incidents and vehicle thefts increased by 32 per cent to 29 incidents. Vehicle thefts have been a problem across the province, with 1,625 vehicles reported stolen in Hamilton alone last year. The issue is not just related to young offenders, but youths are among those charged. In some Hamilton cases, the thefts appear to be crimes of opportunity, including 'warm up thefts' where vehicles left running are stolen. For instance, a man missed the birth of his second child in Hamilton because teens allegedly stole his car while he was picking his daughter up from daycare. However, other incidents appear more organized, with people using trackers and cloned key fobs to steal vehicles from driveways. On May 29, three Hamilton teens were arrested and charged after an investigation by Niagara police into an alleged organized auto theft ring tied to 40 stolen vehicles. Police alleged electronic trackers were used to follow and steal primarily Lexus and Toyota vehicles from residential neighbourhoods. The stolen vehicles were brought to Hamilton, where their factory-installed trackers were disabled before being transported to Montreal and placed in shipping containers bound for Iraq. In the middle of the night on May 27, police were called to Rymal and Fletcher roads for people trying to steal vehicles from driveways. When officers arrived, they saw a group of teens flee in a white van. The van was abandoned on the side of Fletcher Road and police arrested an 11-year-old and a 14-year old nearby. The older child was charged. Nicole O'Reilly is a reporter at The Hamilton Spectator. noreilly@ Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
06-06-2025
- Hamilton Spectator
‘Are there any bears here?' Hamilton kids, some as young as 10, are armed with bear spray. How are they getting it?
Kids are using bear spray in swarmings, robberies, assaults and large brawls. Hamilton police are seizing it from high school lockers and from teens and children — some as young as 10 years old — who have armed themselves for 'protection' or to hurt others. These concerning incidents, which police warn are on the rise, are behind a request for the City of Hamilton to consider a bylaw regulating the sale of the noxious substance. There is no reason anyone needs bear spray in the city, said Ward 7 Coun. Esther Pauls, who is putting forward a motion to the general issues committee June 11. Project Street Light is targeting youth crime on the Mountain, following swarmings, assaults and 'Are there any bears here?' she asked, incredulously. 'Have you seen any?' Crimes involving a 'burning liquid spray,' including bear spray and mace, have more than doubled in the last four years, according to an analysis by police. And assault with a weapon and weapon possession offences were one of only a handful of categories of youth crime that rose last year, while other types of crimes committed by young people fell. There were 138 crimes involving a burning liquid spray last year, compared to 68 in 2020. This year, there were 41 incidents as of April 24, and police know there have been more since, said Supt. Dave Hennick, whose duties include overseeing youth crime and some aspects of crime prevention. 'There has been a troubling increase in the amount of incidents involving bear spray in city,' he said, adding that is why police are pushing for a proactive approach to keep the city safer. Hennick requested the statistical analysis because of those concerns and then reached out to Pauls. The motion asks city staff to investigate the feasibility of a bylaw to regulate the sale of 'deterrent spray' in Hamilton. Both Hennick and Pauls noted with alarm that there have been incidents in Hamilton involving offenders as young as 10. Children younger than 12 cannot be charged under the Youth Criminal Justice Act. 'It's unbelievable,' said Pauls, who is also a member of the police board. More than half the incidents documented by police involve young offenders between the ages of 10 and 19, while nearly half the victims are also young. Bear spray — made with capsaicin, the compound that makes chili peppers spicy — causes burning eyes, throat and skin irritation and can temporarily cause difficulty seeing or breathing. It's only intended use is in the wilderness, to deter bear or wildlife attacks. Hamilton police are seizing bear spray from high school lockers and from teens and children — some as young as 10 years old — who have armed themselves for 'protection' or to hurt others. Hennick said this is important because not only are younger people more likely to arm themselves with bear spray, they are more likely to be victims as well. Other cities in Canada have reported similar increases in bear spray incidents, with some taking steps to explore or impose bylaws, including Vancouver, Burnaby, Edmonton and Winnipeg. In March, for instance, the City of Kelowna in B.C. approved a bylaw that limits the sale to adults, requires businesses to keep records of sales for three years and requires sprays be kept out of the reach of public. Hennick said the hope is a Hamilton bylaw would limit the sale to those 19 and older, set expectations to retailers, such as checking identification and keep records of sales, and keep bear spray and mace out of reach of youths. 'I feel like this is a responsible step for us,' he said. Beyond enacting laws in Hamilton, Hennick said the hope is the city will also appeal to the Attorney General and Solicitor General to push for provincial changes. While it's not clear exactly why there has been such an increase in bear spray incidents, police believe the fact that it is easily accessible is part of the reason it has become the weapon of choice for many youth. It's simply easier to get than other weapons. The incidents in Hamilton have included fights between high school students and robberies. Paid duty officers have been required for security at the McDonalds near Lime Ridge Mall because of bear spray and other violent incidents involving teens. Many of the incidents are happening in Division 3, which covers the Hamilton Mountain, along with Flamborough, Dundas, Ancaster and Binbrook/Glanbrook. This area is also the most populous of the three policing divisions. Spike comes amid warning that the substance has become 'accessible weapon of choice' for In October, 15-year-old Jayden Russell was killed in a crash on the Lincoln Alexander Parkway. He was a passenger in a vehicle involved in a street race that happened amid escalating conflict between students at his high school, St. Jean de Brébeuf, and another, Nora Frances Henderson, that involved a large brawl and bear spray incidents. Last month, a 15-year-old was charged after allegedly forcing his way into a home and assaulting a family with bear spray and a knife. A nine-month-old baby was among those affected by the bear spray. According to the 2024 youth crime report, there were 959 young people between 12 and 17 involved in crime in Hamilton last year. This was a 1.5 per cent decrease from 2023, but 2.9 per cent higher than the five-year average. Bear spray use among kids is on the rise. Despite the overall decrease, several key areas of youth crime increased year-over-year in 2024. Assault with a weapon increased by 29 per cent to 84 incidents, possession of weapons increased by 53 per cent to 23 incidents, disturbances increased by 75 per cent to 21 incidents and vehicle thefts increased by 32 per cent to 29 incidents. Vehicle thefts have been a problem across the province, with 1,625 vehicles reported stolen in Hamilton alone last year. The issue is not just related to young offenders, but youths are among those charged. In some Hamilton cases, the thefts appear to be crimes of opportunity, including 'warm up thefts' where vehicles left running are stolen. For instance, a man missed the birth of his second child in Hamilton because teens allegedly stole his car while he was picking his daughter up from daycare. However, other incidents appear more organized, with people using trackers and cloned key fobs to steal vehicles from driveways. On May 29, three Hamilton teens were arrested and charged after an investigation by Niagara police into an alleged organized auto theft ring tied to 40 stolen vehicles. Police alleged electronic trackers were used to follow and steal primarily Lexus and Toyota vehicles from residential neighbourhoods. The stolen vehicles were brought to Hamilton, where their factory-installed trackers were disabled before being transported to Montreal and placed in shipping containers bound for Iraq. In the middle of the night on May 27, police were called to Rymal and Fletcher roads for people trying to steal vehicles from driveways. When officers arrived, they saw a group of teens flee in a white van. The van was abandoned on the side of Fletcher Road and police arrested an 11-year-old and a 14-year old nearby. The older child was charged. Nicole O'Reilly is a reporter at The Hamilton Spectator. noreilly@ Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
