Defence argues second accused not guilty in 2018 Queen West shooting that killed rapper Smoke Dawg
The 24-year-old, tried as a youth for the deaths of Jahvante Smart and Ernest Modekwe, faces two counts of second-degree murder.
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Defence lawyers argued Thursday that a man who was a teenager when he fired shots on Queen Street West in 2018 is not guilty of killing a rapper and his associate. The accused, now 24, whose identity is protected under the Youth Criminal Justice Act, is charged with two counts of second-degree murder in the deaths of Jahvante Smart, 21, known as Smoke Dawg, and Ernest Modekwe, 28, known as Koba Prime.
Justice Michael Dineen is presiding over the trial in Ontario Superior Court. The man has also been charged in connection with wounding a bystander. He fled Ontario after the shootings and was arrested in Alberta in 2025.
Smart and Modekwe were gunned down on Queen Street West near Peter Street on June 30, 2018. Smart had released his first single in 2015 and performed on Drake's Boy Meets World tour. Modekwe was a brand manager for Prime, a hip-hop collective.
Defence lawyer Gary Grill argued the man, then 16 years old, fired outside Cube nightclub seconds after Smart shot first. Minutes before, Smart had been in a heated argument with the co-accused, Abdulkadir Handule, then 22 years old. Handule was with the teen at the time. Grill said the shots were sudden and unexpected, and that the man was not the one who killed Smart. "This isn't a Hollywood movie, Your Honour, where two actors in some offensive shooting somehow lock eyes with each other and one grins and the other one winks," Grill told the judge.
Grill disagreed with the Crown's argument that the two acted as a group and submitted his client is guilty only of aggravated assault. According to an agreed statement of facts, the man and Handule were denied entry to the club because the accused was underage. The man then called his regular driver and asked to return to the club. Upon arrival, Smart and Modekwe were outside, having also been denied entry. The man told Handule "that guy is here" and pointed to the club. Handule left the vehicle and began a verbal altercation with Smart that lasted several minutes. Smart then began firing, and the man immediately fired back.
Handule was convicted in February 2022 of two counts of second-degree murder, aggravated assault, and discharge of a firearm with intent. He received a life sentence with no chance of parole for 20 years.
What will the Crown's closing arguments assert about the sequence of shots and the question of who fired first?
How will Justice Dineen's ruling on group liability affect sentencing if guilt is found?
We'll update this story as answers emerge.
The facts
Who were the two people killed in the Queen Street West shooting?
Jahvante Smart, 21, known as rapper Smoke Dawg, and Ernest Modekwe, 28, known as Koba Prime, were killed on June 30, 2018 near Peter Street.
When was the co-accused, Abdulkadir Handule, convicted?
Abdulkadir Handule was convicted in February 2022 of two counts of second-degree murder, aggravated assault, and discharge of a firearm with intent.
What sentence did Handule receive?
Abdulkadir Handule received a life sentence with no chance of parole for 20 years.
