In a Toronto court on Thursday, defense attorneys argued that a man, who was a teenager at the time of a shooting incident on Queen Street West in 2018, should not be held responsible for the deaths of a rapper and his associate. The accused, now 24 and protected under the Youth Criminal Justice Act, faces charges related to the killings of Jahvante Smart, 21, also known as Smoke Dawg, and Ernest Modekwe, 28, known as Koba Prime. Prosecutors are pursuing two counts of second-degree murder against him, along with charges linked to injuring a bystander.
The fatal shooting took place on June 30, 2018, near Peter Street, where Smart and Modekwe were gunned down. The trial is being overseen by Justice Michael Dineen at the Ontario Superior Court of Justice. The accused fled Ontario after the incident and was apprehended in Alberta in 2025.
Abdulkadir Handule, a co-accused, was previously found guilty in February 2022 of two counts of second-degree murder, aggravated assault, and firearm discharge with intent, receiving a life sentence without parole eligibility for 20 years. Smart, who had a successful music career and toured with Drake, and Modekwe, a brand manager for a hip-hop collective, were well-known in their respective fields.
Defense lawyer Gary Grill asserted that the accused, then 16 years old, fired shots in self-defense after Smart opened fire outside Cube nightclub. Grill argued that the accused did not directly cause Smart’s death and should not be convicted of second-degree murder. Grill emphasized that the situation was not staged like a movie scene and refuted the prosecution’s claim that the accused and Handule were acting in concert.
While conceding his client’s guilt in aggravated assault, Grill maintained that the accused did not bear responsibility for the fatal shootings. According to the agreed statement of facts, the events leading to the tragic incident unfolded outside the club, where an altercation escalated into gunfire, resulting in Smart and Modekwe being fatally shot.
The trial has shed light on the events of that fateful day, with the judge expected to render a verdict in November.