A Toronto drug dealer accused of murder in Thunder Bay in 2021 is a free man after an Ontario Superior Court judge believed his self-defence claim.
Khalid Mohamed was 25 when he was charged with killing Steven Perry Burns, 36, on Oct. 17, 2021, on Park Avenue.
Originally, Mohamed was charged with first-degree murder in the fatal stabbing, but that was downgraded to second-degree murder. He was also charged with obstructing a peace officer after giving police a fake name during his arrest.
Justice Danial Newton delivered his ‘not guilty’ verdict on both counts in the case Monday morning and ordered court security to remove Mohamed’s handcuffs.
In his decision, Newton said he was satisfied with the evidence that prior to Burns’ stabbing, he and two other men robbed Mohamed of drugs, money and jewelry at knifepoint in an apartment nearby.
Since he was involved in criminal activity when the robbery took place, Mohamed told police at the time he would not be reporting it.
Mohamed chased after the three men who stole his watch and three chains that he said had sentimental value to him.
Despite Burns being much larger than him, Mohamed confronted him in the street where several witnesses testified a scuffle between the two took place.
That is when Burns was stabbed twice – in the left lower chest and abdomen – and died because the wounds perforated the left ventricle of his heart.
Fentanyl, meth and cocaine were found in the victim’s blood during an autopsy.
Stab or be stabbed
The judge said he accepted the self-defence theory because it was Burns who had the knife and he believed that if Mohamed hadn’t struggled for control of the knife, he could have been the one stabbed.
Newton also said because Burns had previously threatened and used force against Mohamed, the accused didn’t have much time to consider other options.
It is because of that the judge said he was not satisfied beyond a reasonable doubt that the Crown proved his action was not reasonable given the circumstances.
At the end of the hearing, the judge complimented the attorneys on a “well-presented trial.”
Mohamed, who had not been in police custody, could be seen smiling as he joined his lawyer at the counsel table after his handcuffs were removed and the verdict was delivered.
He was wearing a light-coloured dress shirt with a dark V-neck sweater vest and slacks.
