The Milton man accused of second-degree murder in the shooting death of an armed intruder in his home last month has been released from jail on $130,000 bail.
The family of 22-year-old Ali Mian hugged outside a Brampton, Ont., courtroom moments after Superior Court Justice Bruce Durno consented to his release.
The judge said he took into account the position proposed by the Crown prosecutor who consented to Mian’s release, before imposing a number of conditions agreed upon by Crown and defence attorneys.
Halton police said that on Feb. 19 at around 5 a.m., five suspects entered a home on Gibson Crescent in Milton. Investigators believe the intruders were intent on committing a robbery.
Mian, who lived in the home with his mother, confronted the suspects and a number of gunshots were fired. When police arrived they found and identified one of the suspects as 21-year-old Alexander Amoroso-Leacock of Toronto. He was pronounced dead at the scene.
Police made two arrests: 20-year-old Romario Clarke of Oshawa was charged with one count of break and enter and one count of unauthorized possession of a firearm; Mian was charged with second-degree murder.
Three other suspects fled the scene. Police say the intruders were driving a light-coloured Dodge Charger with a sunroof and black wheels.
Mian’s lawyer Jag Virk told Global News shortly after Mian was charged that his client is a registered firearm owner and used his gun legally against an armed intruder. Virk also said Mian should never have been charged with murder for protecting his mother from someone that broke into his home.
“His intention was not to kill the intruder, he only shot at him once,” said Virk in a statement released to Global News saying it was a case of self-defence.
Evidence heard during Thursday’s court proceeding is under a publication ban.
As a condition of his release, Mian must live with his grandmother. She and a close family friend will act as sureties, supervising Mian while he’s out on bail. Mian must also surrender his passport and his firearms licence to Halton Regional Police and may not possess any weapons or ammunition. He must also remain within the province of Ontario. Mian is also not allowed to have any contact with the alleged intruder who was arrested during the break-in.
Mian is next scheduled to appear in court in Milton on March 16.