Galloway Boys: Ontario appeal court orders new trial for gang member, dismisses 2 appeals

Ontario’s appeal court has ordered a new murder trial for a member of one of Toronto’s most notorious gangs, after two others members had their appeals dismissed.

A jury convicted Galloway Boys gang members Jason Wisdom and Philip Atkins — as well as Tyshan Riley who was the gang leader for a period of time — in 2009 of first-degree murder, attempted murder and committing the two offences for the benefit of a criminal organization.

The three men stood trial after Brenton Charlton and Leonard Bell were shot while sitting in a car stopped at a Toronto intersection in March 2004. Charlton, who died at the scene, and Bell, who survived, were hit multiple times.

READ MORE: Who are the Galloway Boys?

In a decision released by The Court of Appeal of Ontario Friday, the court said it would allow Wisdom’s appeal to proceed because of background evidence admitted into the trial.

“The trial judge erred in admitting bad character evidence of an unrelated theft at a Money Mart store in which Wisdom was involved four months after the Charlton and Bell shooting,” the court decision read, adding it had “a significant prejudicial effect.”

“It was unreasonable for the trial judge to have admitted it. Given the relative weakness of the Crown’s case against Wisdom, it is not possible to conclude the admission of that evidence did not result in a miscarriage of justice.”

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Wisdom, Riley and Atkins all raised several trial-related issues that they said “undermined the fairness of the trial and the soundness of their convictions.” However, the court dismissed Riley and Atkins’ appeals.

Formed in the 1980s, The Galloway Boys, also known as G-Way Boys, originated in the Kingston and Galloway area of south Scarborough. For years, the gang has had a long-running territorial battle with a rival gang, the Malvern Crew, based in northern Scarborough.

With files from Adam Frisk