Charges dropped against 1 youth in Creba slaying

One of three youths charged in the death of Jane Creba has been cleared of manslaughter charges at a preliminary hearing.

A judge in Toronto has discharged one of three youths charged in connection with thekilling of Jane Creba.

Creba was the 15-year-old Grade 10 student who was shot and killed during a gunfight on Yonge Street in Torontoon Boxing Day 2005.

On Wednesday, Justice Peter Harris presided over a preliminary hearing for two of the youths.Harris ruled that one will stand trial on a count of manslaughter. The other was discharged.

The judge told the court the evidence against the first youth did not show a reasonable inference the teen had agreed to assist in an unlawful act, nor that he would have foreseen bodily harm as a result.

He also said the teen seemed to be a casual acquaintance of the others involved, so he may not have known who had guns or planned to use them.

For those reasons the judge ruled there wasn't enough evidence for a trial to proceed.

The young man who was freed walked out of the courtroom and flashed a quick smile.

His lawyer Sal Caramanna called it the end ofa long ordeal.

"He's had a very difficult time dealing with it, as you know, we all knew the evidence, we all knew what the case was about, and he lived with that while on bail," said Caramanna.

Outside Old City Hall the teen remained stone-faced and allowed his lawyer to do the talking.

"We're going to sit down and talk about it, but he certainly has plans to definitely move on with his life, work, continue his career, everything like that," said Caramanna.

A publication ban remains in effect for evidence presented on the second youth, who will stand trial on a count of manslaughter.

The second youth will appear in court again Nov. 21.

Ten people were charged in the killing, and the preliminary hearing for seven adults continues. The third youth charged in connection with the shootout has already been committed for trial.