Men charged in Boom Boom Room shooting found not guilty
Evidence in the trial showed a DNA sample from the gun did not match either of the two men charged
The two men charged in the shooting of a bouncer at a downtown Windsor bar three years ago have been found not guilty.
Kevin Nyadu was charged with attempted murder the night Devonte Pierce was shot in the back at the Boom Boom Room nightclub. Shadrack Amankwa was charged with accessory to attempted murder.
In his decision, Justice Paul Howard outlined the lack of evidence in the trial, specifically saying there was no eyewitness to the shooting and no direct evidence Nyadu ever had the gun.
Evidence in the trial showed a DNA sample from the gun did not match either of the two men charged, explained Nyadu's lawyer Patricia Brown. She also questioned the reliability of testimonies from people who were at the club that night.
"This case was extremely circumstantial," Brown said. "None of the witnesses saw the shooting happen — that's key."
Earlier in the year, Brown had convinced the judge to exclude evidence of gun residue found on Nyadu's hands. She filed a Charter of Rights application that said police violated her client's rights by taking the residue evidence before he could speak to a lawyer.
Experts testified that gunshot residue alone is not something that can prove guilt because it is something that could be transferred from one person to another.
In his decision, Howard said he would still have found the two men not guilty, even if he had included the gunshot residue evidence.
"I'm pleased with the result, I'm glad this was the outcome for my client. But you must understand, for almost three years these charges were hanging over my client's head."
Nyadu was denied bail and spent 11 months in jail until Brown was finally able to have him released after three appeals of the original decision. After released, he was under strict house arrest and wasn't able to go to school or work.
"This has been a long and arduous journey," she said. "The importance of the presumption of innocence is something we have to hold at the forefront."