Milton man, 22, charged with murder defended himself against home invasion, lawyer says
A Milton, Ont. man charged with second-degree murder after a shooting in his home on the weekend was defending himself, his lawyer said Tuesday after his client's first court appearance.
Ali Mian's lawyer, Jag Virk, told reporters outside the courthouse on Tuesday that the 22-year-old is innocent. Virk said he will argue his client was acting in self defence.
"It was a home invasion, intruders in his house, armed, dangerous, and he protected himself and his mother," he said.
The shooting happened in a home on Gibson Crescent, near Ontario Street South and Louis St. Laurent Avenue, in Milton at about 5 a.m. on Sunday, according to the Halton Regional Police Service.
Police have not released the identity of the man killed in the shooting. He was found dead at the scene, police said.
In an email to CBC News, Virk said it was not a targeted shooting:
"[Mian] is a registered firearm owner and used his gun legally against an armed intruder," he wrote.
"He shouldn't be charged with murder for protecting his mother from someone that broke into his home," the email said.
"His intention was not to kill the intruder, he only shot at him once. We are all saddened that the intruder passed away as a result of being shot."
Police said another man, 20, of Oshawa, was arrested at the scene and charged with break and enter and unauthorized possession of a firearm.
In a news release on Monday, police said witnesses told them a group of suspects approached the home early Sunday. Police believe they were intent on committing a robbery.
"Upon entering the residence, they were confronted by an occupant and a number of gunshots were fired within the home. One individual was pronounced deceased at the scene, while two other individuals were arrested when police arrived," the release reads.
Police said they are still looking for three other suspects who are believed to have fled the scene in a white vehicle.
Police have released a photo of the alleged getaway vehicle, believed to be a light-coloured Dodge Charger with a sunroof and black wheels.
Samir Shafique, a resident who lives nearby and who has lived in the neighbourhood for about six years, said the shooting woke him up. Initially, he said he thought someone had broken a window or broken into his house.
"There was like, one two, one two — four shots we heard," he said.
Shafique said when he looked outside, he saw there were five cars outside the home. He said there are usually four. He said he is friends with the family and that Mian is a post-secondary student. They share food and shovel the walk for each other, he said.
"I said this is something unusual," he said.
Police cars began to arrive, one after another, and at 5:09 a.m., police walked Mian out of the house, he said.
"They grabbed him. They arrested him."
Then Shafique said he learned that a person was shot dead.
"This is very unexpected and tragic too," he said. "For me, it's still tragic for both sides. Life is precious, anyone's life."
He said he is aware that there was apparently another incident at the home about a week ago. He said he knows that another neighbour has video of that incident, in which two young men wearing hooded sweatshirts and mask, were seen prowling around the back yard.
Police were still on the scene on Tuesday.
The front door of the home is badly damaged. A bullet hole can be seen in one of the rear windows.
