TORONTO — Two girls accused in the killing of a homeless Toronto man were swigging liquor from bottles and smoking marijuana with friends at a mall hours before they encountered him in a downtown parkette, another teen testified Tuesday.
A girl who was part of the same social circle told the court a group of them met up at Toronto's Yorkdale mall to drink and smoke the night of Dec. 17, 2022. Half the group planned to go to a party after they got drunk, while the other half was set on going downtown, the girl said.
The girl said she brought a 1.14-litre bottle of Bacardi rum that she'd stolen from the liquor store, and someone else brought a 750-millilitre bottle of Crown Royal whisky, which were passed around as the group sat in the food court and smoked joints outside the mall.
People were taking shots from the bottle and chasing it with soft drinks or juice, she said.
One of the accused girls, who was 14 at the time, was mostly drinking whisky while the other, who was 16, was drinking from the bottle of rum, the friend said.
She couldn't recall how much each girl drank but estimated all of them, including herself, were at about a six or seven out of 10 on a scale of intoxication, with 10 being blackout drunk. The teen also recalled seeing both accused girls smoking joints that night.
In the end, the group split into two, with the girl who testified — who is not facing any criminal charges in the case — opting to go to a party with some friends and the two accused making their way downtown with several others, she said.
The two girls currently on trial are part of a group of eight charged in the death of Kenneth Lee, who died in hospital in the early hours of Dec. 18, 2022, after he was beaten and stabbed.
Both have pleaded not guilty to second-degree murder.
Prosecutors allege the younger girl stabbed Lee with a knife in the final stretch of a violent swarming that appeared to wind down and reignite several times.
Court has heard no knife was recovered in the investigation, but the 14-year-old girl was found with two small scissors and a pair of tweezers at the time of her arrest.
The forensic pathologist who examined Lee's body previously testified that the 59-year-old died from hemorrhagic shock — the gradual shutdown of organs due to blood loss — after being stabbed in the heart. In her opinion, she said, it's unlikely those scissors could have caused the fatal wound, though they could have caused a smaller stab wound near Lee's armpit.
Earlier Tuesday, court heard from a Toronto Transit Commission special constable who interacted with the group at St. George subway station after they left Yorkdale.
Kyle Tanev testified he believed some of them had been drinking, though not to the point where they couldn't take care of themselves or communicate properly.
While he didn't see anyone drinking, Tanev said he reached that conclusion in part based on the group's loud and rowdy behaviour at the station — which eventually got them kicked out — and because they had an open bottle of Crown Royal.
An incident report written by Tanev and his partner said one girl in the group was cautioned for having an open bottle of alcohol that they were consuming together, court heard.
Three other girls pleaded guilty last year to manslaughter in the case, and one to assault with a weapon and assault causing bodily harm.
The remaining two girls are set to face trial by jury in May, one on a charge of second-degree murder and one on a charge of manslaughter.
None of the teens can be identified because of their age at the time.
This report by The Canadian Press was first published Feb. 11, 2025.
Paola Loriggio, The Canadian Press
