More than eight years after the fatal shootings of Jahvante Smart, also known as rap artist “Smoke Dawg,” and Ernest Modekwe, a.k.a. “Koba Prime,” who worked with Smart in the music industry, the double murder trial has begun for a 24-year-old man, who was just 16 years old at the time
The man, whose identity is covered by the Youth Criminal Justice Act, is being tried as a youth in front of Superior Court Justice Michael Dineen
The accused was arrested by RCMP in Airdrie, Alta., north of Calgary on Jan. 27, 2025, after officers pulled a vehicle over for speeding and illegal window tint and later discovered proceeds of crime
In 2022, the youth’s co-accused Abdulkadir Handule was convicted by a jury of the second-degree murders of Smart and Modekwe and the aggravated assault of an innocent bystander who was wounded in the leg
General counsel Ana Tenhouse told Dineen that even though the indictment reads first-degree murder, the prosecution will be seeking convictions for second-degree murder. The man is also charged with the attempted murder of the innocent bystander who was shot in the leg
Tenhouse said the trial has been reduced to an agreed statement of facts and a video compilation, but there will be no witnesses
The accused, sitting in the prisoner’s box, stood up and pleaded not guilty as the charges were read out
Defence lawyer Gary Grill called the evidence “condensed but complex.”
“Identity is conceded. He is at least guilty of aggravated assault,” Grill told Dineen in relation to the woman who was wounded
The defence told the judge that Crown and defence will launch straight into closing submissions after the video compilation is played. Grill said the issues for court are primarily who caused the deaths, liability and whether his client had the “intent for murder” given he was a youth at the time. Grill also said he will be arguing that his client was provoked
According to an agreed statement of facts read into the record, on the night of June 30, 2018, Handule and the youth attended Cube nightclub on Queen Street West where a Canada Day long weekend rooftop day party was being held
Handule, who was 22 at the time, was denied entry to the club because of improper identification. The 16-year-old was denied entry because he was underage
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As a result, Handule and the teen remained in the sidewalk area outside the nightclub
The youth contacted a man who was his regular driver to whom he paid cash and requested that he pick him up and drive him to Brampton, Ont
The driver arrived in the area of Cube nightclub at approximately 7:08 p.m. in a black Dodge Journey. Handule, the teen, and another man got into the car and began driving towards Brampton. According to the facts, the driver was asked to drop off the other man a block east at Beverley and Queen
While on the Gardiner Expressway, the teen received a phone call. He asked the driver to turn around and take them back to Cube. He stated that he had his friend’s car keys and needed to return them. The teen advised the driver that it would only be a “one-second stop” back at Cube. The driver agreed to go back
Smart and Modekwe arrived at Cube at approximately 7:48 p.m. with a third man and were not admitted to the club. They remained in the sidewalk area outside the club
Handule and the teen arrived back at Cube at approximately 7:49 p.m. The teen got out of the Dodge Journey and walked towards a man who had just exited the club and gave him the keys. It was a brief exchange
When the teen returned the keys, Smart was in close proximity, leaning against a barrier by the entrance of Cube
The teen returned to the Dodge and opened the rear passenger door and spoke to Handule, who was sitting in the rear passenger seat. The teen said something to Handule, “words to the effect of ‘that guy is here,’” and pointed towards Cube, according to the facts
The facts state Handule said “words to the effect of ‘let me hop out’” and quickly opened the door
At some point, Handule and Smart began arguing. The verbal altercation, which “was heated,” lasted several minutes and was captured on video
A security guard who was working at Cube heard Handule state “words to the effect of, ‘this is not a joke’.”
The teen is then seen on video returning to the Dodge, entering the vehicle for one to two seconds and then returning to the area by the east barrier at the Cube entrance. Handule is then seen on video approaching scaffolding on the sidewalk of Queen Street. He turns towards Smart and throws something in his direction
“Immediately thereafter, Mr. Smart began shooting. He discharged six rounds from a .380- calibre handgun,” the facts state
Most of the crowd in front of Cube dispersed, but the teen remained
The facts state that on video, Handule is seen dropping his .40-calibre handgun in the middle of the street, picking it up and racking it. In the process, a live round is ejected
Five seconds later, the teen is seen taking out a .45-calibre handgun and discharging six rounds in a westbound direction. Within two seconds, several people, including Smart and Modekwe, are seen going to the ground. A second later, the teen is seen discharging an additional two rounds in a westbound direction
Eight shell casings from the teen’s firearm were located by police
Handule is then seen raising his right hand in a westward direction and firing. Handule approaches the area behind a red Kia parked on the north side of Queen Street. Smart is seen face down on the ground when Handule approaches the red Kia and fires a shot into the back of Smart’s head
At some point, Smart also sustained gunshot wounds to the right thigh and right knee. Those injuries would have impacted mobility, state the facts. The cause of his death was a gunshot wound to the back of the head
“Police located a .380-calibre handgun in Smart’s pocket. It was empty and the slide was locked to the rear,” the facts state
Modekwe sustained a fatal gunshot wound that entered his back and exited his neck
“No projectile was recovered from his body. Consequently, it cannot be determined which firearm discharged that fatal shot,” said the facts
At the time of the shooting, the innocent victim was sitting on a bench two storefronts west of Cube. When she heard the sound of gunshots, she started running westward towards the Brandy Melville store to take cover inside
As she attempted to enter the store, she sustained a gunshot wound to her right lower leg
“A projectile was later surgically removed. The projectile was a .45-calibre class bullet discharged by [the teen’s] .45-calibre firearm,” the facts read.
After the shooting, the teen and Handule ran east on Queen Street West
Handule, who was 22 at the time of the shooting, was sentenced to life imprisonment with a parole ineligibility period of 20 years
Court has heard that the Crown will not be seeking an adult sentence for the man now on trial, given he was only 16 at the time
The trial continues
