Haiart shooting witness testifies - Action News
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Haiart shooting witness testifies

A man who was walking with Phil Haiart at the time the teen was fatally shot testifies at the second-degree murder trial of the man accused of pulling the trigger.
Phil Haiart and Abass Jalloh were shot as they crossed the road near the east edge of this Sargent Avenue parking lot in October 2005. The lot is next to 606 McGee St., a home prosecutors say was a crack house and the centre of a gang dispute. ((James Turner/CBC))
A man who was walking with Phil Haiart at the time the teen was fatally shot testified on Tuesday at the second-degree murder trial of the man accused of pulling the trigger.

Prosecutors say Abass Jalloh, now 30, and Haiart, 17, inadvertently walked into a gang-related shooting when the two began crossing Maryland Street near Sargent Avenue about 11 p.m. on Oct. 10, 2005.

Haiart died from his injuries and Jalloh was shot in the forearm.

'I got to talk to the jury I don't got to talk to you.' Abass Jalloh

Jeffrey Hernandez Cansanay, 24, is charged with the killing and three counts of attempted murder. He has pleaded not guilty.

On Tuesday, Jalloh told jurors that he metHaiart outside a convenience store a few blocks east of the eventual crime scene and the two began walking towards it.

Jalloh said he and Haiart reached the intersection and began crossing the street when two people riding bicycles and wearing hooded sweatshirtswhizzed by, Jalloh said.

The Crown alleges the two men on the bikes were the intended targets of the shooting, and that Haiart and Jalloh were innocent bystanders.

"I just see them going fast and hear two gunshots, after that I hear two more gunshots," he testified. One of the bullets ripped through Jalloh's right forearm and the other hit Haiart in the stomach.

Jeff Cansanay, 24, is charged with second-degree murder in the shooting of Phil Haiart. ((Winnipeg police))
Jalloh said he was confused about where the bullets were coming from because it was dark, but added he thought he heard one of the people on the bikes say the word "dip" meaning to duck out of the way in street parlance. He's still not sure if the warning was meant for Haiart and him, Jalloh said.

"Maybe they were talking to themselves," Jalloh said.

In the sudden explosion of events, Jalloh said he didn't notice what had happened to Haiart until he turned and began running the other way.

He also said he didn't know how badly Haiart was hurt until the two made it about a block away and the teen dropped to the sidewalk and began crawling.

"Ooh, something's wrong," Jalloh told jurors he remembers thinking at the time.

The only thing Haiart said to him is that he had been shot, Jalloh said. He said Haiart showed him a bullet wound in his abdomen.

Jalloh said he put his hand over the teen's wound to tryto staunch the bleeding and began asking passersby for help.

About two minutes later, the first police car arrived.

Gang war sparked shooting

The Crown alleges the people Jalloh saw on the bicycles were members of Winnipeg's Mad Cowz street gang and the intended targets of the shooting.

The Mad Cowz were angry with Cansanay and a teenaged boy who was selling crack cocaine out of the house at 606 McGee St. where Cansanay lived, the Crown told jurors on Monday. The house is just metres from where Haiart and Jalloh were shot.

Crown attorney Gerry Bowering said Cansanay and the teen confronted the gang members as they stood watching activities at the house, which had been the scene of an attempted firebombing just hours earlier.

Police and the Crown allege Cansanay pointed and fired shots from a .22-calibre rifle which has never been recovered.

Conflicting testimony

Jalloh gave conflicting answers as to whether he knew Haiart prior to the night of the shootings.

Under direct examination by the Crown, he said Haiart was a total stranger who approached him outside the convenience store and asked for a cigarette.

The two walked together so that Haiart could have the last drag of the smoke, he initially said.

However, under cross-examination by defence lawyer Ryan Amy, Jalloh said Haiart may have looked like someone he had met previously, and that Haiart had expressed an interest to him that night about where he could "get some girls."

Jalloh also told court that police transcripts of interviews they conducted with him after the shooting are not accurate.

He also said the McGee Street house had a reputation on the street as being a drug house.

At times, Jalloh appeared confrontational during his testimony. When defence lawyer Greg Brodsky asked him to speak up so he could hear clearly, Jalloh shot back: "I got to talk to the jury I don't got to talk to you."