Retrial confirmed in case of gang shooting that killed Vancouver teen
Posted September 11, 2024 3:27 pm.
Last Updated September 11, 2024 7:29 pm.
The BC Prosecution service confirmed Wednesday that a court case related to a deadly 2018 shooting in Vancouver, which was declared a mistrial Tuesday, will be retried.
On Tuesday, a B.C. Supreme Court Judge declared a mistrial in the case of Kane Carter, a man who was arrested and charged after an innocent 15-year-old boy was shot and killed by a stray bullet in Vancouver six years ago.
Twenty-six-year-old Carter was arrested in Ontario two years ago in connection with the double murder that killed Alfred Wong.
Police believed Carter, who was involved in gang life, was out to shoot a rival who was having dinner at a restaurant near Broadway and Ontario Street in Mount Pleasant on Jan. 13, 2018.
The jury came back Tuesday saying it was deadlocked after five days of deliberations in Carter’s trial.
He was charged with the second-degree murders of 15-year-old Alfred Wong and 23-year-old Kevin Whiteside after they were killed in an exchange of gunfire.
The Crown told the jury that Carter was protecting a gang associate at a nearby restaurant when he began shooting, killing both Whiteside and Wong.
Carter’s defence lawyer, Richard Fowler, told jurors there were significant gaps in time in the Crown’s theory of what happened that day.
The jurors could not reach a unanimous decision and now prosecutors must decide whether to try Carter for a second time.
In a statement to CityNews Wednesday, the prosecution service says the Crown will be conducting a retrial. The next court date is set for Oct. 8 at 10 a.m. Justice Wedge will be presiding.
“The prosecution team is ready to proceed with the retrial as soon as possible. There may be some scheduling issues for defence counsel, which will be discussed at the next court appearance. The detention order made in relation to Mr. Carter in November 2022 remains in effect at this time,” the BC Prosecution service said.
As for why the jury in the first trial was deadlocked, the court has ruled a note from the jury foreperson must remain sealed. Jury deliberations are usually kept confidential in Canada.
— With files from Srushti Gangdev.
