Jury deliberations underway in retrial of man accused of killing innocent teen during B.C. gang shooting

The jury in the Kane Carter retrial has now been sequestered.

The fate of the man accused of fatally shooting a rival gang member and an innocent teen passerby in 2018 now lies in the hands of a B.C. Supreme Court jury.

Kane Carter, 29, is charged with the second-degree murders of 15-year-old Alfred Wong and 23-year-old Kevin Whiteside during an incident near Broadway and Ontario Street in Vancouver on Jan. 13, 2018.

Carter was tried on the same charges last year, but the case ended in a mistrial when the jury failed to reach a unanimous verdict.

Justice Catherine Wedge delivered several hours of final instructions Thursday before the jury began deliberations.

The group eventually called it a night at around 6:30 p.m.

The Crown alleges Carter shot at Whiteside after Whiteside opened fire on Matthew Navas-Rivas, who prosecutors say was linked to Carter in a drug-trafficking operation. Wong, a bystander, was struck once in the chest and died in hospital a few days later.

Carter has admitted travelling from Hamilton to Abbotsford in October 2017 and renting a condo under his younger brother’s name, and later returning to Ontario a week after the shootings. The Crown acknowledges much of its case is circumstantial, relying on video and cellphone records.

A burgundy Pontiac van prosecutors say was used as a getaway vehicle has been central to the case. Investigators found it in the Surrey condo building where Carter lived, along with his DNA and three spent shell casings. Defence lawyers note the casings were tied to a September 2017 Vancouver shooting, when Carter was in Ontario. They also point out there were no eyewitnesses who identified Carter as the shooter and no evidence placing him in the van at the time.

Wedge instructed jurors on the Criminal Code’s “transferred intent” rule, which holds that if someone intends to harm one person but inadvertently harms another, they may still be held responsible. She told the jury that if they find Carter guilty of murdering Whiteside, they must also convict him in Wong’s death.

Jurors were also told they may consider a manslaughter verdict if they conclude the Crown proved all elements except intent to kill.

Carter is also charged with the aggravated assault of a third victim who was grazed by a bullet in the face.

Deliberations are set to resume Friday.