“none of these knives or tools were used, seen, or even mentioned” before or during the melee, mclachlen told the jury.
the friends recognized one of the teenagers from the bus by his backpack, according to the crown’s summary.
he was at the mall that day with osman.
they started “jawing” with osman’s friend outside the dollarama, challenged him to a fight and called him a “p—y” when he asked them for time to gather more of his friends, mclachlen said.
“before the beginning of any physical altercation, mr. osman pulled a bandana over his face and went into the dollarama. he looked around briefly and then selected a knife from the kitchen section,” mclachlen told the jury. “he removed the knife from its packaging, ducked past the security guard, concealing the knife at his hip.”
while osman was briefly inside the store, a fight broke out between his friend and one of maloney’s friends.
“marcus maloney was close by, but he did not physically engage with anyone,” mclachlen said.
osman stepped out of the dollarama and “immediately attacked mr. maloney with the knife in his right hand.”
maloney appeared to block the first blow with his left arm, and, as he cocked his arm back, osman struck again and stabbed maloney in the lower neck.