A man whose cell phone was stolen shortly before the 2005 Boxing Day gunfight that killed an innocent teen may have been the intended target.

Richard Steele, 19, appeared in court Thursday on drug and gun charges unrelated to the shooting. He pleaded guilty to all three and was sentenced to 21 months in prison.

Jane Creba, 15, was killed by stray gunfire while shopping in downtown Toronto on Boxing Day, 2005.

Outside the courtroom, Steele's lawyer, Selwyn Pieters, told reporters police believe the theft of Steele's cell phone was one of the factors that led to the death of Jane Creba, 15, and the wounding of six others in the Yonge Street shooting.

"Police are saying that he could have been one of the triggers; he could have been one of the sparks that caused the shooting to take place, that it could have been him people were aiming for," Pieters said.

Steele's lawyer to fight subpoena

Pieters said Steele's cell phone was stolen at the nearby Eaton Centre by a gang of young men shortly before the deadly spray of bullets erupted in the midst of shoppers near Yonge and Dundas.

When Creba was shot outside Foot Locker, Pieters said, Steele was standing right next to her.

In fact, police allege Steele was wounded in the crossfire but did not seek medical attention.

A teen who faces murder charges in connection with Creba's death allegedly had Steele's gun in his possession when police arrested him, Pieters said.

The Crown has subpoenaed Steele as a witness in the Creba murder case, but Pieters said he plans to fight it.

Steele's mother suing police

Steele was listed in a police release as one of 25 suspects connected with the Creba killing. Eight were charged in Creba's killing, with others facing unrelated charges.

After the arrest, police monitored the teen's phone line and raided his home.

Steele's mother, Valarie, has filed a lawsuit against the Toronto police accusing three officers of abuse of process, false arrest and conspiracy to injure.

The lawsuit claims that nothing was found during a search of Steele's home to link him to the Boxing Day shooting.

Wiretap led to questions about Steele's mother

One of the conversations recorded on the police wiretap that was played at Steele's bail review hearing led to an investigation of Steele's mother, who is an Ontario Rental Housing tribunal adjudicator.

A woman's voice, allegedly Steele's, is heard reassuring another woman whose case Steele is about to hear not to worry.

"Don't tell anybody you know me. Just play it cool. This conversation never happened," the woman says in the recording.

Every decision made by Valarie Steele, former president of the Jamaican Canadian Association, is now under review over questions of bias.