Jane Creba was shot to death on Dec. 26, 2005, as two groups of people exchanged gunfire amid a crowd of shoppers on Yonge Street.Jane Creba was shot to death on Dec. 26, 2005, as two groups of people exchanged gunfire amid a crowd of shoppers on Yonge Street. (Canadian Press)

Four men accused in the 2005 shooting death of 15-year-old Jane Creba in downtown Toronto were acquitted of manslaughter charges Monday.

Creba was among Boxing Day shoppers on a crowded Yonge Street when she was struck by a stray bullet during a shootout between two groups. Six others were wounded.

After ruling Monday that certain evidence was inadmissible Ontario Superior Court Justice Gladys Pardu acquitted Andre Thompson, Shaun Thompson, Vincent Davis and Andrew Smith in Creba's death.

Prosecutors will now carefully consider all of the court’s rulings to determine whether there is a legal basis for an appeal.

Shaun Thompson was already out on bail; the three others remain in custody but are expected to be released in the coming days.

"After a series of pretrial motions were held before the justice, the Crown determined there was no reasonable prospect of conviction against the four charged with manslaughter," said Steven Stauffer, Shaun Thompson's lawyer.

The pretrial hearings began in late September for the four accused, along with three more still awaiting trial.

'Common unlawful purpose'

None of the four who were acquitted Monday was accused of firing weapons in the gunfight, rather, the Crown alleged they had a "common unlawful purpose."

But three others — Jeremiah Valentine, Louis Raphael Woodcock and Tyshaun Barnett — are all accused of firing shots and face second-degree murder charges, along with a young offender who is charged with manslaughter.

Their trial is expected to begin in January.

One man has already been convicted in Creba's death. Jorrell Simpson-Rowe, 21, was found guilty of second-degree murder, two counts of aggravated assault and five weapons charges.

Justice Ian Nordheimer sentenced Simpson-Rowe, who was 17 at the time of Creba's death, to an adult life sentence.