The scene outside the Brass Rail Tavern on Toronto's Yonge Street is pictured shortly after the shooting. (CBC)

The lawyer for one of the men charged with killing an innocent passerby on Toronto's Yonge Street two years ago said Thursday it was bar staff and the co-accused who were responsible for the shooting tragedy — not his client.

Howard Goldkind, the lawyer representing Awet Zekarias, 25, in the Toronto court said his client wouldn't be on trial if it weren't for the use of force by staff of the Brass Rail Tavern. Goldkind said that led to the angry behaviour of his client.

The defence attorney went on to say that the real problem was the other accused, 25-year-old Edward Paredes. Goldkind said that if Zekarias had not been sitting at a table with Paredes he would not be on trial for any crime.

Zekarias and Paredes have pleaded not guilty to charges of second-degree murder.

The court heard testimony that Paredes and Zekarias were in the strip club celebrating Zekarias's birthday.

Bar staff ejected the pair a short while later, tossing them into the street, claiming they were behaving in an unacceptable manner.

Outside the bar Paredes admitted pulling a gun from his waistband and firing, though he insists he did not mean to kill the passerby. He said he was firing at the bouncers who had ejected him from the club.

John O'Keefe had left a local pub and was heading home when he was struck by a single shot outside the Brass Rail Tavern.

O'Keefe, a 42-year-old father, died instantly at about 12:30 a.m. on Jan. 12, 2008.

In his closing arguments Goldkind said there is no question "a terrible tragedy occurred." But he told the court the question it will have to answer is whether his client is criminally responsible.

The lawyer for Paredes will make his closing statement on Thursday afternoon.

Crown prosecutor Howard Goody is expected to make his final comments on Friday morning.