Two teens have been found guilty of manslaughter in the stabbing death of a 19-year-old, killed during a confrontation between two groups at a plaza on Hamilton Mountain in 2020.
The pair, who cannot be identified under the Youth Criminal Justice Act since they were 17 when charged, were convicted in connection with the death of Ali Mohummad at a Limeridge Road West parking lot on July 19, 2020.
The deceased, Hamilton’s ninth homicide of 2020, was discovered by a police canine unit hours after an altercation which investigators say involved 20 to 30 people from Hamilton and a number of men from Peel Region who arrived in three cars.
Mohummad was one of four hurt in the incident which included the two brothers who were hit by a car.
The teens on trial were charged with second-degree murder, aggravated assault and assault with a weapon.
However, they each evaded a second-degree murder charge in the decision read Wednesday afternoon by Bernd Zabel, a judge with the Ontario Court of Justice.
The pair were also convicted on two counts of aggravated assault and an assault involving Mohummad’s older brother Hamza Chaudry.
The trial, which began in February, heard details of an overnight gathering to address an ongoing “disrespect” dispute between the accused and Chaudry — also stabbed during the brawl.
The Crown argued the matter was a “co-ordinated ambush” that lasted “mere minutes” on Chaudry and the group he was with who travelled to Hamilton from Peel Region.
Counsel for the teens, Jaime Stephenson and Royland Moriah, suggested it was a consensual fight with no pre-conceived expectations to cause bodily harm or death.
They went on to say many of the Crown’s facts were speculation and not based on evidence — including an alleged call made to recruit individuals for an attack.
In his ruling, Zabel said the duo organized and participated in the group assault and insisted there was liability for those involved.
The Crown will be seeking to revoke bail and have the pair sentenced as adults.
Teen going to trial in 2023 for 2nd-degree murder charges tied to Ali Mohummad’s death
A third teen accused of second-degree murder in Mohummad’s stabbing death has lost a bid to have his charges thrown out and will go to trial in 2023.
Counsel for the accused put a motion forward to dismiss the charges on Wednesday, citing the case’s burden on a backlogged Ontario justice system.
Justice Anthony Leitch dismissed the application under Section 11(b) of the Charter of Rights and Freedoms, which limits how long a case can remain before the courts.
The accused, who was 17 years old at the time of Mohummad’s death, is expected to face a judge-only trial starting Jan 3, 2023.
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