A 16-year-old boy accused of first-degree murder in the December 2015 shooting death of a Mac’s employee was not even in the convenience store when the fatal shot was fired, his defence argued in written closing statements presented to the trial judge on Wednesday.
Early on Dec. 18, 2015, two convenience store clerks – Ricky Cenabre, 41, and Karanpal Bhangu, 35 – were shot to death at two separate convenience stores in south Edmonton.
The boy was 13 at the time of the shootings and cannot be named under the Youth Criminal Justice Act.
He has pleaded guilty to manslaughter in the death of Bhangu as well as to two counts of robbery with a restricted or prohibited weapon and two counts of being disguised in both deaths.
However, earlier this week, the teen pleaded not guilty to first-degree murder in the death of Cenabre.
After submitting its closing arguments, the defence and Crown answered questions from the judge in an Edmonton courtroom on Wednesday. The defence said that surveillance video from the scene of the second shooting — where Cenabre was killed — clearly shows the teen was not in the store when the shot was fired, although they conceded he was in the store in the early stages of that robbery.
“The three accused left the till area,” the defence’s closing arguments read. “Delorme handed the gun to Steinhauer. Steinhauer reached over and shot Mr. Cenabre who later died as a result of the gunshot wound.
“The young person had exited the store prior to the shooting.”
While much of the Crown and defence’s version of events is similar with regard to Cenabre’s death, the Crown argued the teen played a significant role in that clerk’s death because at one point, towards the end of the robbery, the Crown says he “pushed Cenabre back into the till area.”
The Crown agrees the teen had left the store before Cenabre was shot at close range, but said he left only “seconds earlier.”
Even though the teen has pleaded guilty to manslaughter in Bhangu’s death, the defence said there is no evidence the accused caused the death of either clerk and also suggested there is no evidence to suggest the teen even knew Bhangu had been shot. They said it was not clear if the accused saw that shooting.
The defence argued Delorme, Steinhauer and the teen entered the store and Delorme immediately pointed a gun at Bhangu and the three robbed the store while also hitting Bhangu with the gun and their fists.
“The young person specifically hit Mr. Bhangu at least once,” the defence’s closing argument reads. “All three turned to leave the cashier area. Delorme turned and fired the gun in the direction of Mr. Bhangu. At this time, the young person’s gaze was towards the entrance/exit of the store and he is hurrying towards it.”
The defence also highlighted the teen’s age and lack of maturity, pointing out he was crying and asked to call his brother when he was arrested.
“He was 13 years old at the time of the offence,” the defence’s closing arguments read. “Courts have held that ‘it is common knowledge that lack of life experience affects the level of maturity and can affect the ability of youths to foresee the consequences of their actions.'”
READ MORE: 16-year-old pleads guilty to one of two killings at Edmonton Mac’s stores
Watch below: On Oct. 22, 2018, Quinn Ohler filed this report after a teenager charged in connection with the deaths of two Edmonton convenience store clerks in 2016 pleaded guilty to five different charges.
The Crown countered that the teen was still helping the other two men accused in the death — Laylin Delorme, who was convicted of two counts of first-degree murder earlier this year, and Colton Steinhauer, who has not yet been tried.
The Crown said despite the fact the teen was only 13 at the time of the shootings, he was old enough to understand that the violent robberies could result in fatalities.
READ MORE: Preliminary hearing held for teenager facing first-degree charges in Edmonton Mac’s killings
The boy’s mother, whom Global News is not naming so that the teen can’t be identified, told Global News she is “sorry for whatever happened.”
She said Wednesday marked the first time she’s seen her son since he was taken into custody.
“It’s just a nightmare,” she said. “It really bothers me.
“He was always a good kid growing up.”
The judge is expected to provide a verdict on the first-degree murder charge on Nov. 16. Sentencing for the crimes the teen has already pleaded guilty to is not expected to take place until the new year.
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