Defence argues 2nd accused not guilty in fatal shooting of Toronto rapper, associate in 2018

Defence lawyers told a judge in Toronto on Thursday that a man who was a teen when he fired shots on Queen Street West in 2018 is not guilty of the deaths of a rapper and his associate.

The accused, 24, whose identity is protected under the Youth Criminal Justice Act, has been charged in the deaths of Jahvante Smart, 21, known as Smoke Dawg, and Ernest Modekwe, 28, known as Koba Prime. The Crown is seeking convictions on two counts of second-degree murder.

The man has also been charged in connection with the wounding of a bystander.

Smart and Modekwe were gunned down on Queen Street W., near Peter Street, on June 30, 2018.

Justice Michael Dineen is presiding over the trial in the Ontario Superior Court of Justice. The man fled Ontario after the shootings and was arrested in Alberta in 2025.

His co-accused, Abdulkadir 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.

Smart released his first single in 2015 and was on rapper Drake's Boy Meets World tour. Modekwe was a brand manager for a hip-hop collective known as Prime.

Accused didn't kill rapper, lawyer argues

Defence lawyer Gary Grill said 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 Handule, then 22 years old. Handule was with the teen at the time, he says.

Grill said the shots were sudden and unexpected and that the man and Handule reacted to the gunfire. Grill said the man was not the one who killed Smart and he is not guilty of second-degree murder.

"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 and they know exactly what to do," Grill told the judge.

Grill said he disagrees with the Crown's argument that they acted as a group.

"And I hope I've demonstrated that it would be unreasonable to make that finding. We submit this was not proven beyond a reasonable doubt."

Grill agreed his client is guilty of aggravated assault.

'That guy is here,' accused said

According to an agreed statement of facts, the man and Handule didn't go into the club because the accused, who was underage, was denied entry.

The man then contacted his regular driver, and while they were on their way to Brampton, the man received a phone call and he asked the driver to take them back to the club, which he did.

Smart and Modekwe arrived at the club at about 7:48 p.m. They were not admitted to the club and remained outside.

According to the agreed statement of facts, the man got out of the vehicle, spoke to another male, gave him keys and returned to the vehicle. He spoke to Handule, saying words to the effect of "that guy is here" and pointed to the club.

Handule said words to the effect of "let me hop out" and left.

Smart, Modekwe 'seen going to the ground'

The agreed statement said Handule and Smart began arguing in a verbal altercation that lasted several minutes.

A security guard at the club heard Handule say words to the effect: "This is not a joke."

Handule threw something in Smart's direction. Then Smart started firing. The man immediately fired back.

"Within 2 seconds, several people, including Mr. Smart and Mr. Modekwe, are seen going to the ground," the statement reads.

According to the agreed statement of facts, Handule approached Smart who was lying face down and fired a shot into the back of his head. Smart also suffered gunshot wounds to the right thigh and right knee.

His cause of death was the gunshot wound to the back of the head.

"No projectile was recovered from his body, and the pathologist could not determine the order in which the wounds were sustained," the statement reads.

An empty handgun was later found in Smart's pocket.

Modekwe was fatally shot in the back and the bullet exited his neck. He was taken to hospital but died during emergency surgery.

"No projectile was recovered from his body. Consequently, it cannot be determined which firearm discharged that fatal shot," the statement reads

Bystander shot in lower leg

When the shooting started, a bystander started running towards a store to take cover but was hit by a bullet in her right lower leg. It was fired from the man's gun and a projectile was later surgically removed.

Handule and the man fled the scene, running east on Queen Street W.

The judge will deliver his ruling in November.