Toronto

Jury watches 9-hour video capturing alleged sexual assault inside Little Italy bar

The jury at the trial of two men charged with gang sexually assaulting a woman inside a Toronto bar has finished watching hours of surveillance video showing multiple sex acts.

Warning: This story contains details some people may find disturbing

The former owner of the College Street Bar, Gavin MacMillan, and bar manager Enzo De Jesus Carrasco walk outside Ontario Superior Court. They face multiple charges, including gang sexual assault and administering a stupefying drug. (CBC)

The jury at the trial of two men charged with gang sexually assaulting a woman inside a Toronto bar has finished watching hours of surveillance video showing multiple sex acts.

There was no sound on the video that recorded most of what happened from the time the woman walked into the College Street Bar on the evening of Dec. 14, 2016, until she left early the next morning.

Former bar owner, Gavin MacMiIlan, 44, and manager Enzo De Jesus Carrasco, 34, each face a charge of gang sexual assault, administering a stupefying drug and forcible confinement. De Jesus Carrasco also faces two additional charges of sexual assault.

Both MacMillan and De Jesus Carrasco have pleaded not guilty to all the charges.

Enzo De Jesus Carrasco points at a monitor while watching video in the courtroom. Beside him is his lawyer Uma Kancharla. Gavin MacMillan watches the video with his lawyer Sean Robichaud in Ontario Superior Court. (Sketch by Pam Davies )

The jury must decide whether the woman consented or had the capacity to consent to having sex with the two men.

The beginning of the video shows the woman socializing with her friend and others. She is also seen clinking glasses with De Jesus Carrasco, who is behind the bar.

Two and a half hours later, the woman is alone with MacMillan and De Jesus Carrasco and is served three drinks in just over 10 minutes. Then MacMillan leaves.

Inside the former College Street Bar where the alleged sexual assault happened on Dec. 14, 2016. (Court exhibit)

De Jesus Carrasco stays with the woman. The video shows him putting his arms around her and kissing her. The two remain friendly as she appears increasingly intoxicated. At times the woman pushes him away, but he keeps touching her.

At this point in the video, the court turned off the large public screen because of the graphic sexual nature of the images to follow. From that point on, only the judge, jury, lawyers and the two accused could see the images. 

With the screen back on in court, De Jesus Carrasco is seen with the woman, who appears unsteady on her feet. The time on the video indicates it is just before 11 p.m.  The woman's head is leaning down over the bar. De Jesus Carrasco pulls her up straight and they leave the bar together.

The judge and jury silently watch hours of video on small screens. (Sketch by Pam Davies)
 

Approximately half an hour passes, the woman stumbles back into the College Street Bar, collapses into a chair and appears to pass out. 

'Dead dead dead'

At around that time, De Jesus Carrasco is seen texting in the video. The Crown has shown several of his texts addressed to MacMillan, including one that reads, "She's dead dead dead. I am dealing with it." MacMillan sends a text suggesting he join him elsewhere. 

"Put her in a taxi and show up," the text reads.

De Jesus Carrasco is seen slapping her face several times and places her head over the bar to inhale what the crown alleges is cocaine. 

The video then shows the woman stumbling out of the bar, crashing into tables and chairs. But she comes back inside several minutes later.

MacMillan is now seen back inside the bar. He and De Jesus Carrasco appear to consume cocaine. The woman is seen with her head down over the bar to snort the drug two more times, the crown has alleged.

The woman then briefly puts her arms around MacMillan before she slides to the ground. At one point he takes her toque and swats her across the face with it. 

The woman gets up and MacMillan pushes her head back on the bar. De Jesus Carrasco joins in.

At this point, the public monitor was shut off again and remained off for most of the next six hours.

Gavin MacMillan is seen carrying a tray with what appears to be a line of cocaine to the downstairs washroom in his former bar where a woman is inside. The video is time stamped 3:14 a.m. on Dec. 15, 2016. The real time is close to 2:15 a.m. (Court exhibit)

It is turned on again briefly at 2 a.m. when MacMillan is seen going downstairs to the women's washroom several times carrying trays with what appears to be lines of cocaine. When he eventually emerges from the washroom with the woman, the crown said she was topless.

CBC asks judge to reconsider ruling on video

On Tuesday, CBC News asked the judge to reconsider his decision to restrict media access to the video.

Justice Michael Dambrot told the jury Wednesday he will allow reporters to view the video "so the public can see justice is being done." 

But Dambot added the video shouldn't be seen by the general public out of respect for the privacy of the woman, whose identity is protected under law.

Wednesday, the media and the jury watched the final 20 minutes of the tape.

 MacMIllan is seen putting his clothes back on in the office where sexual acts have just taken place. The woman is nude upstairs in the bar with her arms crossed in front of her speaking to De Jesus Carrasco.

She starts to get dressed. MacMillan comes upstairs from the office and leaves the bar. 

The woman continues to speak with De Jesus Carrasco. He then puts his hand on the woman's back as they walk out of the bar together just before 6 a.m.

The trial continues Thursday when a toxicologist is expected to testify.