A new trial has been ordered for one of the men accused in a fatal drive-by shooting in 2004 in Scarborough.
An Appeal Court has overturned Jason Wisdom's 2009 convictions of first-degree murder, attempted murder, and committing offences on behalf of a criminal organization, known as the “Galloway Boyz.”
The two other men found guilty, Tyshan Riley and Philip Atkins, had their appeals rejected.
It was broad daylight when 31-year-old Brendan Charlton was killed, his vehicle riddled with bullets while sitting at a stop light at Finch Avenue and Neilsen Road. Leonard Bell, who was 43 years old at the time, suffered serious injuries.
The intended target was a member of a rival gang, the Malvern Crew.
Wisdom was granted a new trial because the original judge admitted as character evidence an unrelated criminal complaint against him related to an attempted theft. It was ruled that the evidence had a significant prejudicial effect and impacted Wisdom's ability to get a fair trial.