Edmonton man didn't intend to kill in 2019 shooting, defence argues

·2 min read
Ottawa police are seen at the homicide scene on York Street in Ottawa's ByWard Market. (Amanda Pfeffer/CBC - image credit)
Ottawa police are seen at the homicide scene on York Street in Ottawa's ByWard Market. (Amanda Pfeffer/CBC - image credit)

Anas Mujber did not intend to kill when he fatally shot Emilio Jimenez outside an Ottawa strip club in April 2019, according to his lawyer's opening remarks.

Mujber's second-degree murder trial began last month and the Edmonton man pleaded not guilty to the charge, but has admitted to shooting Jimenez.

During his opening remarks on Monday, Mark Ertel, one of Mujber's lawyers, told the jury Mujber was guilty of manslaughter.

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"Make no mistake this is a homicide, a wrongful and tragic killing of a young man," Ertel said. "The only issue left for you to decide is whether he formed the intention for murder or not."

Mujber stepped out of a Range Rover and shot Emilio Jimenez, 25, three times at close range outside of Barefax Gentleman's Club in the early morning hours of April 18, 2019.

Jimenez was at the strip club with his friends that night and Mujber was there, too, but with a different group.

During the Crown's opening remarks last month, prosecutor Jon Fuller said the jury will hear from witnesses during the trial who will corroborate that both groups got along with no explosive interactions that led to the violence.

Video footage will show Mujber leave the club and sit inside the parked Range Rover. Just six minutes later, Fuller said, Jimenez made his way outside to join his friends who were standing with some of Mujber's friends.

Fuller said that's when a fight broke out. Jimenez was punched and moved to flee the attack. Mujber appeared between two parked cars and fired at Jimenez, Fuller said.

Amanda Pfeffer/CBC
Amanda Pfeffer/CBC

Accused fled scene, video shows

Security video shows Mujber got back into the vehicle and fled the scene, while Jimenez bled on the ground.

Responding police officers began pursuing the Range Rover, eventually finding it ditched while the occupants fled on foot, said Fuller, then police gave chase and arrested Mujber.

The next morning, a passerby on his way to get breakfast found a gun thrown on the grass along the route Mujber took to flee the scene.

Forensic testing revealed the gun had Mujber's DNA on it and matched shell casings found at the scene, Fuller said.

But Ertel reminded the jury Monday it's up to the Crown to prove beyond a reasonable doubt that Mujber shot Jimenez with intent to kill.

"Juries decide based on evidence, not sympathy," Ertel said.

Sarah Ahsan is also representing Mujber alongside Ertel.

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