Inside a packed downtown courtroom Tuesday, Superior Court Justice Gillian Roberts handed two young men found guilty of the first-degree murder of Regent Park Youth worker Thane Murray and the attempted murder of two of Murray’s childhood friends the maximum sentence possible.
Roberts explained that for both Noah Anderson and Junior Jahmal Harvey, the prescribed sentence for the first-degree murder of Murray is life imprisonment without eligibility for parole for 25 years.
The only live issue she had to consider was the appropriate sentence for the attempted murder of Tony Nguyen and Allen Uthayakumaran.
Roberts told court despite the youthful ages of Anderson and Harvey, who were 20 at the time of the shooting, the case involved planning, deliberation and extreme violence not seen in any of the cases pointed to by the defence in case law.
Counsel for both Anderson and Harvey proposed a 12-to-15 year sentence for the attempted murders, to be served concurrently, but Roberts rejected their submission and imposed life sentences for both attempted murders.
“Fifty-nine shots fired in public, close to a park, with a lot of people around,” Rpberts said, speaking about the violence. “Indeed, this case seems to set a new high-water mark in terms of harm. The harm referred to in the attempt murder case law falls on a spectrum from no injury to grave life-altering injuries. The harm involved in this shooting is of a different order of magnitude, extending beyond the immediate victims and their family to the very fabric of the community. Indeed, as best as it is possible to understand why this shooting happened, it appears to have been an attack on an entire community.”
It was Sept. 18, 2021 when Murray, a 27-year-old youth worker was sitting with Nyugen and Uthayakumaran, chatting and smoking, at the edge of a parking lot in the area known as the “swimming pool” in Regent Park.
Around 8:45 p.m., four people walked south from Gifford Street and crossed Gerrard Street into Regent Park. They circled the swimming pool and then gathered themselves around a corner. Around 8:50 p.m., they attacked Murray and his friends in tandem, all four firing handguns as they chased the fleeing victims. The shooters then fled back in the direction they came.
Police found 59 cartridge casings at the scene. Murray was shot 14 times and was pronounced dead on scene. Nguyen was shot in the foot. Uthayakumaran was shot nine times and was in a coma for three weeks and in hospital for three months.
Roberts told court there is no evidence that any of the accused knew any of the victims, nor is there any evidence that anyone would have a motive to hurt, let alone kill, any of the victims. Murray was a beloved employee at the local community centre and the surviving victims testified neither they, nor Murray, had any enemies.
Roberts said she was satisfied beyond a reasonable doubt that Anderson and Harvey, together with Rajahden Angus-Campbell — who remains at large on a Canada-wide warrant wanted for the first-degree murder of Murray — wrote “Peppered,” a rap song about the shooting.
“The first draft of the rap song appeared on Mr. Anderson’s cell phone within nine days of the murder. Mr. Anderson and Mr. Harvey were in a recording studio working on the tap within 10 days of the murder. Three of the four suspects (Mr. Anderson, Mr. Harvey, plus suspect Angus-Campbell) were credited as writers. The lyrics describe an event that sounds remarkably similar to the murder,” said Roberts.
The lyrics include “your block is getting peppered” where they “catch one,” “a head shot, he had a seizure” leaving him “DOA.” Roberts noted that Murray had no vital signs when first responders arrived and was face down with his eyes open.
Another part of the song refers to “RP killas,” which the Crown argued was an acronym for Regent Park.
The judge noted that while Anderson filed 34 character references which attested to his good character, the youngest of five children who was runner up to be Valedictorian in high school, she noted that many of the letters did not refer to the offences.
“The letter from Mr. Anderson’s father, who was in court throughout the trial, provided the most detailed and stark example of the deep disconnect between the jury’s verdict and the Mr. Anderson he knows and loves,” Roberts wrote.
Roberts found that Anderson’s role in the shooting was overwhelming, consisting of a “water-tight constellation of circumstances including animus, opportunity, means and after the fact conduct,” she wrote.
“The evidence establishes that Mr. Anderson played a leadership role in organizing the shooting: he rented the car the shooters used; he rented the hotel room used as a staging ground; his cell records strongly suggest he scouted the area in advance; he drove to and from the shooting; he coordinated the writing and production of ‘Peppered,’” she added.
The judge wrote Anderson’s integral role in this shooting limits the weight she could place on the character letter he provided.
Roberts said she was satisfied that only a life sentence for the attempted murders will provide adequate denunciation and deterrence given the extremely serious circumstances of the offences and the profound harm caused.
Two other alleged shooters remain before the courts: Jabreel Elmi was arrested in January in Saskatchewan after being at large for more than three years and has yet to go to trial. Angus Campbell is still wanted on a Canada-wide warrant.
Murray’s parents told Global News outside court they vow to be there for Elmi’s trial and are anxious for Angus Campbell to be apprehended.
“If you know where he is, turn him in. He’s going to get him caught,” said Randy Hamilton, Murray’s father.
Murray’s mother left court in tears Tuesday.
“It’s been almost four years. It’s so hard. Just hearing the details of what happened, it’s very difficult to hear,” Dawn Murray added.