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Gun trafficking charge for man found guilty in Creba case

It’s called a “windfall offence,” a crime police stumble across while conducting an unrelated investigation.

It’s called a “windfall offence,” a crime police stumble across while conducting an unrelated investigation.

In this case, police were wiretapping Tyshaun Barnett’s telephone conversations while investigating the 2005 Boxing Day slaying of 15-year-old Jane Creba.

Barnett was sentenced last August to 12 years in prison for manslaughter for his role in her death on Yonge Street. But on June 4, 2006, he was out of custody – though under house arrest awaiting trial for drug trafficking – and agreeing to lend a gun to an unknown male.

Several telephone conversations were intercepted by police, who were amassing evidence to make arrests in one of the most high profile murders in Toronto’s history.

During the calls, the unknown male told Barnett he needed the gun to deal with a guy who had tried to rob someone. Barnett told him the gun was in his apartment and that the keys were with “Mommy,” Crown attorney Andrew Sabbadini told Superior Court on Tuesday.

Eventually, the male found the gun inside a bag hidden on an apartment balcony. Also in the bag were used shell casings that he threw away. Barnett agreed they were “too hot” to keep around, Sabbadini said. The police wiretap also captured Barnett explaining how to work “the action” of the firearm, so he could operate it.

On Tuesday, Barnett, 23, pleaded guilty to one count of trafficking a firearm. “I’m sorry,” Barnett, standing in the prisoner’s dock, said in a clear voice after Justice John McMahon asked him if he had anything to say.

Barnett told court he is a “changed man” who made mistakes when he was younger. He plans to finish high school and learn metalworking inside a federal penitentiary so he can work in an auto body shop outside Toronto when he is released, his lawyer Marco Sciarra told court.

 
 
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