The jury heard closing arguments in the three-week trial of Dillon Whitehawk on Thursday morning.
Whitehawk, 27, is charged with two counts of first-degree murder in the separate shooting deaths of Jordan Denton and Keenan Toto.
Denton died Nov. 9, 2019 on the 800 block of Robinson Street. Toto was killed three weeks later on Dec. 1, 2019 on the 1200 block of Queen Street.
Whitehawk pleaded not guilty to both counts of first-degree murder.
At the time of the deaths, the crown argued there was a “war of sorts” between two Regina street gangs: the Indian Mafia (IM) and the Native Syndicate Killers (NSK).
The crown argued Whitehawk pulled the trigger in both drive-by shootings to work his way up in the ranks of the IM.
Both Denton and Toto were “loosely suspected” to be rival gang members, according to the crown.
The crown must prove beyond a reasonable doubt that Whitehawk killed both Denton and Toto.
“To find doubt in this case would require a vivid imagination,” said co-crown prosecutor David Belanger.
Four former IM gang members testified as crown witnesses during the trial, whose identities are protected under publication bans. Three of them claim to have been in the vehicles during at least one of the shootings. They all told court that Whitehawk pulled the trigger after the victims were asked which gang they were with.
Belanger told the jury their “evidence tells one single, inquisitive story.”
Belanger argued Whitehawk intended to kill both Denton and Toto, adding there is “no other attempt when you point a loaded gun at someone at point blank range and pull the trigger.”
The crown asked the jury to find Whitehawk guilty on both first-degree murder charges.
Belanger explained to the jury that it can be classified as first-degree murder if it is associated with a criminal organization such as a gang or if the person profits from the activity. It is also considered first-degree murder if the death was planned.
WHO PULLED THE TRIGGER?
Thomas Hynes, Whitehawk’s defense lawyer, laid out nine points of reasonable doubt in his closing arguments, while asking the jury to find the accused not guilty.
Hynes said the crown’s evidence of Whitehawk’s motive is “pretty weak.” If Whitehawk had motive to act violently toward rival gang members who were wearing red, then all the witnesses in the vehicles had the same motive, he said. Hynes argued all of them would have had access to guns as part of the IM.
Four crown witnesses gave inconsistent testimony when it came to Whitehawk’s gang status, according to the defense. Two former IM members told court that Whitehawk was a crew boss, which is one rank above entry-level membership. Another witness said Whitehawk was a general at the time of the shootings, which is one rank above crew boss. A fourth witness told the court that Whitehawk was promoted to a general after the shootings.
Hynes told the jurors that they should have “significant concerns” with the reliability and credibility of these four witnesses. He argued crown evidence “relies heavily on words” of former gang members and each of them have considerable motive to point the finger at Whitehawk.
Hynes argued a number of these witnesses benefitted from entering witness protection, while the majority have lengthy criminal records that they would like cleared. One of the crown’s witnesses is facing a first-degree murder charge.
“What do you think? [they] would do in order to save [themselves] from a life in prison?” Hynes asked the jury, suggesting some witnesses may have lied or left out some details.
The defense pointed to a lack of evidence outside of the inconsistent testimony from the former gang members. Police never found the .22 caliber gun used to kill Denton and there were no fingerprints on the SKS rifle that is believed to have killed Toto.
“Their words are not enough,” Hynes said.
“Even if they say some of the same details.”
Hynes reminded the jury that Whitehawk is not on trial for being a gangster, drug dealer or gun trafficker—he’s on trial for two counts of first-degree murder.
Hynes argued the crown’s case relies “heavily on a small group of disreputable witnesses” and said their credibility and reliability is “so suspect” that no one can be sure who shot Denton and Toto.
“Not only does it not have to be the same person, but we should be sure in both cases who that person is,” Hynes said.
Hynes suggested two different people are responsible for the murders of Denton and Toto. He argued the witness who claimed to be in the passenger seat the night Denton died is the one who pulled the trigger. Hynes questioned how Whitehawk would have been able to shoot the rifle from the back passenger seat in a two-door car with four other people in the vehicle.
Hynes then argued another witness, who was in the vehicle for both shootings, could have killed Toto.
The defense told the jury that Whitehawk is presumed innocent in the eyes of the court, which means he does not have to testify, nor does he have to prove he was not the shooter. The defense only has to raise reasonable doubt.
Hynes argued Whitehawk is some “bizarre fall-guy for a small group of people who are desperate to save themselves.”
I have suggested the crown witnesses did not give the whole truth, only “bits and pieces.”
“We got a small glimpse into what sort of chaos can happen in North Central Regina,” Hynes said.
But, even people charged with crimes in North Central get the benefit of the doubt and presumed innocence, he said.
Justice Neil Robertson is expected to give instructions to the jury Friday morning before one juror is released by lottery. After that, the jury will be sequestered for deliberations.
Court resumes on Friday at 9:30 am