Less than two years after a 20-year-old man out enjoying a beautiful summer evening was shot in an execution-style killing outside a Toronto Community Housing Complex, the trial for the accused is underway.

A compilation of video surveillance capturing the disturbing and violent attack was played in court.

The identity of the accused, now 16, is protected under the Youth Criminal Justice Act.  They were 14 when the shooting occurred.

On Monday, at the outset of his judge-alone trial, the teen pleaded not guilty to first-degree murder but guilty to second-degree murder. The Crown rejected the plea to second.

“At the end of the day, the sole issue will be legal arguments between first and second-degree murder,” defence lawyer Tania Bariteau told court.

Assistant Crown attorney James Frost told Superior Court Justice Peter Bawden that the Crown will be seeking an adult sentence.

According to an agreed statement of facts, at approximately 11:51 p.m. on June 24, 2024, a stolen white Acura RDX entered the driveway of an apartment building at 20 Falstaff Ave. The driveway is connected to buildings at 30 and 40 Falstaff Ave.

The SUV had been captured on video circling the housing complex for a few minutes and driving through the driveway of 20 Falstaff once before it eventually stopped.

The 14-year-old was the front passenger in the Acura, according to the facts.

Just prior to the Acura stopping, Ajay Simpson is captured on video surveillance riding a stand-up electric scooter along the paved sidewalks within the housing complex. A group of people can be seen in the distance sitting under a gazebo, socializing.

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Four masked and armed suspects are captured on video surveillance jumping out of the Acura. They begin running with guns drawn, firing towards the gazebo.

The video shows the 14-year-old running towards Simpson and firing in his direction as Simpson tries to flee. The three other occupants of the vehicle run back to the parked Acura and jump in.

The 14-year-old then pursues Simpson, who eventually abandons his scooter in an attempt to evade the shooter.

“The teen continues to run, more shots fired in the direction,” Frost told court in his brief opening address. “Simpson is now on the ground along the south wall of 30 Falstaff Ave. and the accused approaches closer. At point blank, he shoots several times before returning to the SUV which leaves.”

The Acura is seen speeding off down Jane Street but Frost says there is no further video evidence of where the vehicle is going after it passes Falstaff Avenue and Jane Street.

Simpson, who can be seen lying motionless on the pavement as the teen runs off, was rushed to hospital via an emergency run and was pronounced dead. An autopsy found the cause of death was a gunshot wound to the torso.

According to the facts, Simpson sustained at least five gunshots wounds. The injuries consisted of a wound to the lower leg, a wound to the lower back, a wound to the right buttock, a wound to the face and a wound to the left chest. Simpson’s right forearm and hand also sustained abrasions and lacerations suggestive of a gunshot wound graze.

The teen was arrested on June 25, 2024, at approximately 2:45 p.m. after he was observed returning to a stolen Mazda CX-5 that was parked at a gas pump at a gas station located on Islington near Steeles Avenue, the court heard.

The facts also state that the stolen Acura was recovered on June 28, 2024, parked in a roadway roughly eight km away. It had the same front and rear licence plate as depicted in surveillance video obtained by the Toronto Police Service. It had been stolen from a Brampton home on June 13.

A forensic officer who examined the Acura located the fingerprint of the accused on the inside plastic surface of the insurance folder located inside the centre console.

Another forensic identification officer testified Tuesday that almost 30 shell casings were found on scene associated to four different firearms were location. Eleven of those casings came from a 40-millimetre handgun that is connected to the shooting of Simpson.

So far, the Crown has not indicated whether it believes there was a motive for the shooting.

The three other shooters have never been arrested. The trial continues.

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