Jordan Manners jury acquits both accused
TORONTO - The two men accused of first-degree murder in the death of Jordan Manners were found not guilty Thursday, nearly four years after the 15-year-old died in Toronto's first and only fatal school shooting.
It was the second trial for the two men, who were 17 when Manners was killed and can only be identified as C.D. and J.W. The first trial ended in a mistrial last year after four days of deliberations could not produce a unanimous verdict.
This time, the jury came back with acquittals in less than two full days.
When the verdict was read, C.D and J.W. embraced their lawyers, while people in the courtroom cried out in surprise.
"These boys have been in custody for a very long time," said J.W.'s lawyer, Donald McLeod. "Although it's not a day to be elated, I think it's a day for us to at least see that justice did the job that we believe should have been done today."
Manners' mother was not there to hear the verdict — which came just a day after what would have been Manners' 19th birthday — but her sister Ramona Manners rushed out of the courtroom distraught when she heard the words "not guilty." It will not provide closure for her sister, she said.
"There will never be closure for her," she told reporters. "Never. Never. As long as whoever did it is still out there, there will never be closure for my sister."
Crown attorney Tom Lissaman said there will not be an appeal.
"We respect the verdict of the jury and our hearts go out to the Manners family, in particular, Jordan's mother," said Lissaman. "But again, in the manner in which this evidence came out before this jury, it is a reasonable verdict."
McLeod said his client was relieved that it was over and was ready to get on with his life.
"He was very, very happy," the defence lawyer said. "Life comes back to him."
C.D.'s lawyer Gary Grill said his client hasn't seen his daughter since she was a few days old.
"That's what he's thinking about right now," said Grill.
Manners' death at C.W. Jefferys Collegiate Institute on May 23, 2007, sent shockwaves through the city.
The slight teen, described as a "sweet little boy" by neighbours, had celebrated his 15th birthday just days before he was found lying in the school stairwell, a .25-calibre bullet lodged in his body.
During the first trial, two key witnesses backed away from statements they had earlier given police. One of the teenage girls said she couldn't recall the events while another said her account was based mainly on gossip.
A retrial began in March with the two accused, now 21, again pleading not guilty.
The Crown alleged the two had planned to rob Manners but it ended in murder while the defence argued that Manners was accidentally shot when he was examining the gun with two other students in a second-floor washroom at the school.
The boy was shot at such close range there was a powder burn on his jacket, court heard. His clothes had to be cut off because his jacket zipper was melted closed by the gunshot. Witnesses told court they didn't immediately realize what had happened since there was very little blood and Manners, struggling to breathe, was unable to talk.
Witnesses included students and staff from Manners' school in the city's north end with one teacher testifying that Manners was fascinated with guns.
Court heard Manners and the accused were friends and the Crown was not able to demonstrate there was any conflict between them.
But Lissaman played a videotaped statement from a key witness, a former student named Y.M., who told police she saw J.W. dragging Manners down the stairs "like a rag doll."
Appearing in court, however, Y.M. said she invented the statement to get attention.
"I don't think it played a factor in this at all," said Grill. "If she hadn't recanted and stuck to her original story, I think we would have seen the exact same verdict."
McLeod said the jury hearing J.W. testify in his own words and all the witnesses telling the same story except for Y.M. swayed the jury. C.D. did not testify at this trial and neither of the men had testified at the mistrial.
Manners' death pushed the issue of school safety to the forefront, as police officers were posted to many Toronto high schools, security cameras were installed, reviews were ordered and legislation was passed to protect students.
Note to readers: This is a corrected story. A previous version reported that the Jordan Manners shooting was Toronto's first and only school shooting. In fact, it was Toronto's first and only fatal school shooting.
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