TORONTO – Crown attorneys are seeking a third trial for a man convicted of manslaughter in a deadly shooting at Toronto’s Eaton Centre nearly seven years ago.
Prosecutors have filed a notice of appeal to challenge Christopher Husbands’ acquittal on two counts of second-degree murder earlier this year.
In the document, filed March 21, they allege the judge overseeing Husbands’ trial made several mistakes related to evidence.
They allege Ontario Superior Court Justice Brian O’Mara erred in requiring them to introduce the evidence of three Crown witnesses through an agreed statement of fact.
Prosecutors say O’Mara also erred in excluding evidence related to Husbands’ criminal record and his being on bail at the time of the shooting, as well as evidence from eyewitnesses “that the accused was engaged in a targeted shooting.”
Jurors returned their manslaughter verdict on Feb. 19 and also found Husbands guilty of five counts of aggravated assault, one count each of criminal negligence causing bodily harm and reckless discharge of a firearm in the June 2, 2012 mall shooting.