I was enjoying a long weekend after working all last weekend and missed this big news related to the 2009 Kevin LeClair murder. Another United Nations gang member has been charged with first-degree murder in the LeClair hit.
The man charged, 37-year-old Kreshnik Ismailaj, was arrested in Ontario on Friday.
Ismailaj was mentioned at the Cory Vallee trial as being with the hitters before LeClair was gunned down outside the IGA in Thunderbird Mall in Langley on Feb. 6. And witnesses B and C testified that they went to his house after the hit.
He was referred to in the Vallee ruling as “Kreshnik or by his nickname “Solider.”
The Vallee trial heard that Kresnik’s Nissan Murano was used as a blocker car to help shooters Vallee and Jesse Adkins get away, the trial heard.
Witnesses B and C were in the drug trade with Kresnik and tipped him off in January 2016 about his possible arrest. He fled as they began cooperating with police against their former United Nations gang-mates.
Staff Sgt. Lindsey Houghton, of the Combined Forces Special Enforcement Unit, said that Kreshnik has no criminal record.
“This investigation, and all those investigations connected to it and the gang conflict in the late 2000’s, has involved hundreds of officers from dozens of police agencies and units. The officers and support staff have remained determined and committed over the years to ensuring that justice is obtained for the many victims,” he said. “Time does not dampen our resolve and we are confident that we will eventually find and arrest the last remaining suspect in Kevin Leclair’s murder, no matter where he might be hiding.”
Here are the 104 references to him from the Vallee verdict:
[24] Kreshnik was close to Eghtesad, Meyer, Witness C and Witness B. He was associated in business with Witness C as part of the Vancouver group dealing drugs. This association lasted through to January 2016 when Witness C and Witness B alerted him that he could be arrested.
[48] Some relevant nicknames include: “Dog”, “Dawgy” or “C” for Roueche; “V” or “Versace” for Nguyan; “Devil”, “Benzo” and “B” for D’Monte; “DW” and “D-Dub” for Duane Meyer (“Meyer”); “Dirty” for Witness C; “Skinny Dan” or “Lazy” or “Lazy Ass” for Witness A; “Barz” for Tilli-Choli; “Fabio” or “Fabs” or “Fabz” or “Blinky” or “Sticks” for Witness D; “Miyo” or “Miyamoto” for Yong Lee; “Shrek” for Billy Ly; “Shrek” and “Fat Chris” for Chris Funaro (“Funaro”); “Niko” and “Soldier” for Kreshnik; “Korean Jay” for Jay Yoo; “Primo” for Barreiro; “Blackie” for Mark Kim; “Egon”, and “Egg” and “Ghost” for Adkins. The Vetrovec witnesses most often referred to persons in their evidence by their known nicknames. The correct names have been used in this judgment with the applied rigour to not err significantly.
[74] Witness D testified that Kreshnik was known to drive a Nissan Murano, like the vehicle shown in the Thunderbird Village Apartments video on February 6, 2009.
[244] Witness C was arrested on January 22, 2016. Fentanyl and a gun were found in a search of his house. Witness B, Tran and Ly were also arrested. Witness B was released the next day. Witness C remained in custody over the weekend and then was released. He was given a long evidence presentation, but said nothing. Police referenced Vallee as a “psycho”, an “enforcer”, as a “contracted killer from out of town”. Witness C knew that police wrongfully thought that it was Vallee with him and Witness B in the McDonald’s video from the Barber murder. Police told him that he would be charged in the Leclair murder because he supplied the weapon and gave orders. After it all, Witness C did not think that police had a strong case against him. A police officer encouraged him to cooperate and told him that his brother was willing to cooperate but only in a package deal. He was concerned that his release from arrest would look “fishy” to others, particularly Tran and Ly who were kept in jail. He warned Kreshnik that he could be arrested next. Kreshnik left town owing Witness C and others money.
[266] There was new evidence about the conversation with Adkins and Vallee in the witness’ direct evidence at trial. He did not tell police, on December 14, 2016, that Vallee or Adkins had told him about following Leclair into the lot, about Leclair sitting in his car, about Adkins at the side of his vehicle, about dropping their weapons at the scene, or about fleeing the area with Kreshnik as blocker. From cross-examination, it appeared that this information came from Witness B when he spoke with Witness C on the evening after the murder.
[278] Witness B was not adverse to violence: in fact, he testified that he enjoyed fights. He had engaged in bar brawls, assaults, and road rage, sometimes in reaction or revenge for unwelcome acts and sometimes initiated by him. In collection of a drug debt for Witness C, he smashed the nose of the man with a frying pan while Witness C inflicted other serious injury. Upon instruction from Trung, he beat up someone who had slept with a girlfriend. He, Witness C, Adkins and Kreshnik beat someone in a bathroom to the point of convulsions and seizures because they heard that he owed a drug debt to another gang member. He had been stopped and carded by police on several occasions but never arrested or charged.
Witness B was inconsistent between police statements and evidence at trial with respect to the following:
- The who and the where of certain conversations after the Leclair murder – Witness B had told police that use of the open and then closed fist motion to represent Leclair after his death had been part of the conversation with Vallee in Kreshnik’s house after the murder. At trial, he said that this conversation occurred with Witness C and Kreshnik in a walk and talk outside Witness C’s house on the evening after the Leclair murder when Vallee was not present. This correction is accepted as a legitimate memory error. He also initially said in his proffer letter that the conversation with Vallee afterwards had occurred in the van and not at Kreshnik’s house. He explained at trial that he had corrected his recollection with police and remembered that it had been at the house after he remembered Vallee’s comments about “Fucking Irish” in the van and him telling Vallee not to talk further at that time. He testified in cross-examination that his memory was that the conversation happened in Kreshnik’s house, a place where he was not concerned about wiretap. He denied that the conversation was completely fabricated. The only inconsistency regarding this conversation was in respect to where it occurred. Based upon the evidence as a whole as it relates to this conversation and as is discussed more at paragraphs 667-671, it is accepted that this conversation occurred, that the contents were as Witness B described, and that it took place at Kreshnik’s house immediately after the Leclair murder.
- Who owned the AR-15 that was used in the Leclair murder – Witness B had told police in a narrative account of the Leclair murder that the “AR-15 actually belonged to us…it was ours…was donated to basically the cause”. At trial, Witness B testified that he recognized the gun as Trung’s gun when Vallee showed it to him in the van at Tim Hortons. He said that the problem was that it had been used in the Leclair murder without permission. Witness B had not been involved in acquiring the AR-15 but had only seen it at Adkins house when he would have known that it came from the safe that stored Witness C and Witness B’s guns. It was reasonable in that circumstance for him to have described the gun as his and Witness C’s to police without imputation at trial of trying to hide from ownership of the gun used in the Leclair murder. Witness C’s evidence about ownership of the gun and the circumstances in which it was kept has been accepted. Trung’s gun was stored in the gun safe of Witness C and Witness B and was accessed from there for use in the Leclair murder.
[306] Witness B was mistaken about some of the details on the day of the Leclair murder. But, he was consistent overall about events on that day. He thought that Kreshnik had been driving the Murano when he arrived at the Tim Hortons to meet Vallee and Witness C. He identified himself in the Tim Hortons video as the driver of the Murano when it arrived at the Tim Hortons, despite vacillating at first to police that it may have been Kreshnik who got out of the car. He explained that he drove the vehicle at some point that day but could not remember driving at that point in time. He consistently recollected that Witness C and Kreshnik were not in the van when Vallee showed him the AR-15 in the bag in the van at Tim Hortons even though he could not explain why neither Witness C nor Kreshnik were seen in the Tim Hortons video. He thought that Leclair was driving a Ford F-150 when he first observed him on February 6, 2009 when Leclair was admitted to have been driving a Lincoln Mark LT pick up truck.
[358] Information about Meyer’s death was sent out immediately to UN members via BlackBerry. Roueche, Witness D, Witness C, Witness B and others were visibly upset and took the death hard. Witness A testified that Vallee was sad and angry about the death, a likely reaction given Vallee’s relationship to Meyer. Witness D testified that he met with Meyer’s driver along with Kreshnik and one or each of Witness C and Witness B to determine whether the driver had tipped the murderers off.
[432] Although there is some inconsistency as to who went in what vehicle, Tilli-Choli, Adkins, Witness C, and Witness B all went to Kreshnik’s downtown Vancouver apartment. On the way, Witness C and Witness B told everyone never to discuss this with anyone. According to Witness C, Saed arrived with Eghtesad and Tilli-Choli left with them. Witness B thought that Witness D had arrived to pick up Tilli-Choli but he was mistaken about this. Witness C, Witness B and Adkins went into Kreshnik’s apartment, changed clothes, threw away their cell phones, and then Kreshnik drove Witness C and Witness B home in his Nissan Murano. Even though they had just discussed that they shouldn’t talk about what happened, Witness B testified that Witness C described the scene when the Porsche was shot to him and Kreshnik. Witness C drove Adkins home from his house.
[442] Kreshnik had a close relationship with Witness B and Witness C as established in photographs. Kreshnik arrived with Witness B at the Tim Hortons on the day of the Leclair murder and, as described below, was part of the planning for that murder and was the driver of the blocker car, the grey Nissan Murano, that was used in the murder. He was a probable member of the conspiracy.
[464] Witness C testified that he was contacted on the day of the Leclair murder by Vallee and Adkins and arranged to meet up with them because Vallee had information about a location where “Moe”, a driver of Karbovanec, lived. They met up around noon at a Starbucks at 72nd and 200th Streets in Langley. Witness C said that he believed that Adkins was driving the van because he usually did and Vallee was in the front passenger seat. The van was a black or blue minivan. He joined them, getting into the front passenger seat. He testified that Adkins drove them to the 20th Street area to scout out Moe’s house. At some point, Vallee showed him a handgun that was in the vehicle, more about which is discussed below at paragraph 623. Once the house was located, a brief discussion ensued about the possibility of sniping from a wooded area before the group headed back to Langley. Enroute, Witness C received a message from Witness B to meet up with him and Kreshnik in Langley near the Thunderbird Centre.
[531] Witness B also testified that he searched for the Bacon group with Vallee and that Vallee joined with him, Kreshnik, and Adkins in that search on February 6, 2009 after meeting at the Tim Hortons. Witness B said that Vallee had expressed frustration to him that the Bacons were not easy to find and that D’Monte was upset with the inaction.
[541] Witness C testified that Vallee and Adkins received a ring after the Leclair shooting at a steak house in Edmonton, sometime after May 21, 2009. It was held in Edmonton because police scrutiny was too heavy in Vancouver. He was present, along with D’Monte, Nguyen, Kreshnik, Adkins, Tran, Witness B, and Ly. Witness C did not recollect that Witness D was present. Although his recollection was inconsistent as to whether Adkins received his ring at the same time, he consistently said that Vallee received a UN ring and that he received it in Edmonton.
[603] Witness C testified that when he was driving with Vallee and Adkins to meet up with Witness B and Kreshnik, Vallee talked about a gun that he had in the vehicle that Witness D had given him which had an interchangeable barrel from 9 mm. to 40mm. Witness C testified that he briefly looked at the black handgun which was in a bag under the front driver’s seat, pulling his sleeve over his hands. In cross-examination, he clarified that the gun was under the front passenger seat. He returned the gun to the bag and put the bag under the front passenger seat. Witness C agreed in cross-examination that the AR-15 had probably been in the bag also but had not noticed it. But he also said that if so, the bag would have been too big to fit under the seat. As other evidence established, it is unlikely that the AR-15 was in the same bag as the handgun. Witness C said that he only saw a handgun and did not know that there was another gun in the car.
[604] Witness B testified in cross-examination that he had a vague memory of Adkins holding a handgun on his lap in the front passenger seat of the van after he had joined up with Witness B, Vallee, and Kreshnik at the Colossus Theatre.
[614] A silver Nissan Murano was known to be associated to Kreshnik. According to Witness B, the Murano had a “spot” for a weapon. He identified the other car in the Thunderbird Village Apartments photos as a Nissan Murano, the same colour as the one driven by Kreshnik on that day. Witness C also identified the second vehicle as similar to Kreshnik’s vehicle.
[624] Witness B testified that he was alerted that Leclair had been spotted in the area via BlackBerry on one occasion. He, Witness C, Kreshnik, and others gathered in the area and did see vehicles associated to the Bacons but also saw what they thought were police surveillance vehicles. Nothing was attempted even though there was a gun in the vehicle. Witness C confirmed that he had searched out that location.
[625] The evidence of patrons and a server at Brown’s Social House that they did not know Leclair or recognize him as someone who frequented that location does not refute that intelligence was gathered about Leclair as described.
- b)Early events of the day and the meeting at Tim Hortons
[626] Witness C testified that he had arranged that day to meet up with Vallee and Adkins at a Starbucks in Langley. He parked his vehicle and got into a dark blue or black Dodge Caravan with Adkins and Vallee. They were in search of the house of Moe Amarhoun that morning when he received a message to meet with Witness B and Kreshnik. On the way to the meeting, Vallee had told Witness C about a handgun in the vehicle and Witness C had looked at a gun in a bag under the driver’s seat. They met at the Tim Hortons. Kreshnik and Witness B arrived in Kreshnik’s silver Nissan Murano.
[627] Witness C said that they parked side by side near to the street side near the drive through. He said that Witness B and Vallee had to use the washroom and left to do so around 13:00-13:30. He remembered talking to Kreshnik and, although he could not remember whether he got out of the vehicle, he said that it was possible. Witness C testified that he talked to Peter Redekopp over the BlackBerry about work to be done and then asked Vallee and Adkins to drive him back to his car at the Starbucks. They had been together about twenty minutes. They drove him there in the van. He wasn’t sure whether Witness B and Kreshnik followed in the Nissan Murano. He thought that he told Witness B where he was going. Witness C thought that the others were going to “roll around” looking for the Bacons. According to Witness C, this could, but did not necessarily, mean that they would kill a Bacon Brother/RS if they saw one. He did not know or discuss with Witness B whether they were armed. He testified that he then left for Richmond to meet Redekopp.
[628] Witness B testified that he had previously arranged to meet Vallee on the day of the Leclair murder to drive around in search of the Bacons. He met Kreshnik in the morning at the parking lot of the Dublin Crossing Pub in Langley. He left his vehicle at the pub and the two of them then searched several known Bacon locations in Kreshnik’s Murano. Witness B contacted Witness C and arranged to meet at Tim Hortons. Witness B and Kreshnik met up with Witness C and Vallee at Tim Hortons near to the Thunderbird Centre. Vallee and Witness C were in a Dodge Caravan which Witness B said was Vallee’s “minivan”. Adkins was not present.
[629] Witness B testified that he went to talk to Vallee in the van as Kreshnik and Witness C used the washroom. He said that Vallee was in the driver’s seat and the back door to the van was open. Nobody else was in the van. He could not explain why neither Witness C nor Kreshnik were seen in the Tim Hortons washroom video. He said that Vallee told him to look in the black gym bag on the floor of the rear passenger seat. Using his sleeves, Witness B opened the bag and saw an AR-15 gun that he recognized as similar to one that he had seen and tried out at Adkins’ house a couple of months before. The gun was usually kept in a safe at Adkins’ house. He knew it to belong to Trung but Trung had said that it could be used in the Bacon conflict. He noticed that it had a collapsible butt stock and a short barrel. He did not handle the gun. Witness B said that Kreshnik and Witness C then returned to the vehicle. He thought that they had been there ten minutes or less.
[630] Witness B testified that Witness C and Vallee got into the van and he and Kreshnik went in the Murano. He testified that they drove off in separate directions. Witness B said that he and Kreshnik drove around their route checking Langley locations. Then, he communicated with Witness C because Witness C “had to go to work” and Vallee was to come in the vehicle with him and Kreshnik. Witness B knew Witness C’s “work” to be packaging drugs for shipment internationally. He had been to the Richmond warehouse where this was taking place.
[631] Witness C denied in cross-examination that Vallee had never been present at all on that day. The Tim Hortons video confirmed Vallee’s presence and circumstances make it reasonable to conclude that he was with Witness C and met with Witness B and Kreshnik at Tim Hortons. Witness C testified that he left the Tim Hortons with Vallee in the van. He was not asked whether Vallee left on his own in another vehicle. Witness B denied in cross-examination that Vallee left altogether after the meeting at Tim Hortons.
[632] The defence argued that Vallee had arrived and left the Tim Hortons in his own black van after meeting with the others for a social lunch. This theory was based upon examination of the Tim Hortons various videos which, the defence argued, showed a black minivan driving around the Tim Hortons at 12:54, reversing into a parking stall, and a male seen walking into the Tim Hortons entrance at 12:55. The defence argued that the black minivan can be seen to drive west and then north around the Tim Hortons at 13:00, followed by a red car and then by a Murano. At 13:52, a blue minivan travelled around the Tim Hortons and through the drive through area. The defence suggests that this blue van seen at 13:52 is consistent with the van seen later at the Thunderbird Centre, is most likely a van driven by Adkins, and is more likely the van used in the murder.
[633] This theory is rejected as implausible, lacking in credibility, and undermined by independent evidence. There is no evidence that Vallee or anyone lunched while at Tim Hortons. It has been accepted that Vallee was in search of the Bacons with Witness C on that day and had shown him Moe Amarhoun’s house. Vallee was “Frankie” and “Panther”. It is unlikely that Vallee would have left for no apparent reason when others were still engaged in the search on that day. The van used in the Leclair murder was either dark blue or black and, as concluded at paragraph 616, quite probably was Vallee’s vehicle. The images taken from the Tim Hortons that the defence asserted supported the theory are so distorted in colour and blurred that little can be taken from them. No witness was asked about a second black or dark blue van. In any event, the fact that there may have been a dark coloured minivan at Tim Hortons doesn’t mean that there were two such minivans at 13:00, as defence seeks to conclude. If Vallee did leave as defence theorized, then it is assumed that the inference sought to be drawn is that Witness C, now without a vehicle, stayed and travelled with Witness B and Kreshnik in the Nissan Murano, continuing with their activity. This is speculative and unsupported in the evidence. Witness B was not contradicted in his testimony about meeting with Adkins later and that Adkins was driving a light coloured Cadillac. Witness C was not contradicted that he arrived at Tim Hortons with Vallee in the van, having left his vehicle at a Starbucks.
The murder of Leclair
[634] Witness B’s evidence about what happened on the day of the Leclair murder after meeting at Tim Hortons is accepted within the context that it was not contested that he was present at the murder and played a role in the killing.
[635] Witness B testified that he met up with Vallee at the Dublin Crossing Pub where Witness B had parked his vehicle. Vallee left the van and got into the Murano with Witness B and Kreshnik. Witness B was driving. They continued to search out the usual set locations that Witness B typically attended in search of the Bacon group. Near the Gold’s Gym, Witness B said that he spotted Leclair in a charcoal grey coloured Ford F-150. He drew closer to the Leclair vehicle to match the licence plate to the one that Witness B had memorized from the UN list as belonging to Leclair. They followed the vehicle into the parking lot of the Thunderbird Centre. From a parking stall near the Shopper’s Drug Mart, Witness B observed the Leclair vehicle park with its rear into a parking stall near the middle of the lot. He then observed Leclair get out of the vehicle with another man and walk into the Brown’s Social House. This would have been around 15:00.
[636] Witness B testified that he sent a message to D’Monte that ‘Traitor’ had been spotted and asked for assistance. He said that D’Monte messaged him back. In direct examination, Witness B stated that he did not know how Adkins was contacted but assumed that Vallee had contacted him. In cross-examination, Witness B was taken to a police statement in which he confirmed that he had messaged D’Monte via encrypted BlackBerry and also told police that Vallee had sent a message to Adkins. In cross-examination, Witness B said that Adkins was not with him at that time and that he wasn’t sure whether it was Vallee or D’Monte who had contacted Adkins. He just knew that Adkins was on his way to meet them. He was asked in cross-examination why he would have needed extra help if Vallee and Kreshnik were with him. Witness B replied that Vallee was capable, but they still called for more assistance. He denied that Vallee had not been there.
[637] Witness B testified that he, Kreshnik, and Vallee discussed what to do and decided to go and get the weapon from Vallee’s vehicle and then return and see what would happen. This was contrary to the general rule not to talk in vehicles but that rule was mostly broken on that day. They returned to the pub and Witness B and Vallee entered into a Subway restaurant located in the same complex as the pub. Witness B testified in direct examination that it was at about this point that he became aware that Adkins was on his way to lend support. There was more discussion about the plan. Witness B said that Vallee told him that he would be the one to do it, that Witness B would drive the van, and Kreshnik would drive the Murano as a blocker car. Kreshnik’s concerns about using the Murano because it was in his name were overcome. It is reasonable to infer that any concerns of Vallee’s were also overcome because they continued in the van. He left the parking lot with Vallee in the van and Kreshnik followed in the Murano. They went to a dead end street where Vallee changed a licence plates on the van with one that he already had in the van. They proceeded with Witness B driving the van and Vallee seated in the back seat.
[638] Witness B testified that he and Vallee met up with Adkins near the Colossus Theatre north of the Thunderbird Centre. Adkins parked his light coloured Cadillac and got into the passenger seat of the van. The Murano followed as Witness B drove the van into the Thunderbird Centre.
[639] Witness B testified that he went to the left into the mall parking area and Kreshnik turned the Murano to the right. Witness B backed the van into a north facing parking space in the second row of parking close to where they had entered the Thunderbird Centre and waited. He thought that Kreshnik had gone to park his vehicle where he had a good view of Brown’s Social House and where he could see the Leclair vehicle. Kreshnik confirmed via BlackBerry that the Leclair vehicle was still there.
[640] Witness B said that he, Vallee, and Adkins discussed the plan as they waited in the van. Kreshnik was to let them know when Leclair exited Brown’s Social House. Witness B was to give Vallee a “Go” and was to leave the rear sliding door open for him. Witness B would pull the vehicle out of the parking space and would be waiting close by. The weapons were to be dropped at the scene in caution that they might be pulled over after the event. Witness B testified that he told Vallee and Adkins to be careful and to abandon the plan if it got too “sketchy”, meaning too dangerous because of police or children present.
[641] Witness B remembered that Vallee wore a hoodie and jeans and gloves. He thought that Adkins was dressed about the same. He thought that both were wearing baseball hats but was uncertain. Vallee stood about 5 foot ten inches and weighed about 240 pounds. Adkins was about the same height but slimmer at about 190 pounds. After reviewing the Tim Hortons video, Witness B said that the jacket worn by Vallee in the video was different from what he had recalled and he had not remembered Vallee wearing glasses. He also described from the video that he was wearing a black Under Armour hoodie, black track pants, a black hat, and white shoes.
[642] After waiting for about ten to fifteen minutes, Kreshnik sent the message that Leclair had left Brown’s Social House. Witness B told Vallee and Adkins that it was time to go and told Vallee “Go”. Vallee jumped out of the rear of the van with the AR-15. Adkins jumped out with a handgun that he had seen Adkins holding while in the front passenger seat. Witness B lost sight of them as they turned right and headed south into the parking lot.
[643] Witness B denied in cross-examination that it was he who had left the van and run in front of the Telus store and then fled the murder scene. This cross-examination was based upon what Witness B was wearing as disclosed in the Tim Hortons video as compared to the fleeting figure seen in the Telus store photo. Upon review of both of these images and after consideration of Witness B’s and eyewitness evidence, it is concluded that he is not the person seen running in front of the Telus store. From the location of the dropped handgun and the accepted testimony that Adkins left the van with the handgun, it most reasonable to conclude that it was Adkins seen running from the murder scene in the Telus video.
[644] Rapid fire gunshots rang out. Witness B pulled the vehicle out of the parking space and waited. Only a few minutes had passed since Vallee and Adkins had left the van. Adkins arrived back at the van first from the direction of the IGA. Vallee arrived shortly after and jumped into the rear passenger seat and slid the door closed. Witness B then sped off in the van as fast as he could given speed bumps, leaving the Thunderbird Centre by the same exit as when he had arrived. Kreshnik followed closely in the Murano. Witness B did not notice that Vallee or Adkins had brought anything back with them, but his mind was racing and he wasn’t taking notice.
[645] Witness B’s narrative of events is confirmed in large and significant measure by the video and photo evidence, the exhibits from the scene, and the eyewitness testimony.
Conclusions
[656] After consideration of all of the evidence about alibi, it is concluded that Witness C left the others following the meeting at Tim Hortons to work with Redekopp on packaging drugs for shipment. Witness C was working with Redekopp at this time as described by Redekopp and Witness B. The inconsistency as to whether he was building a funeral bench or a chess table is not particularly significant given that Witness B was not regularly present at the Richmond shop. At the time that Witness C said that he left to work with Redekopp, nothing significant had happened that day in the search for the Bacons. It looked to be just another failed exercise. He had driven out to Langley in his own vehicle and left it at a Starbucks, obviously not intending on staying with Vallee for the whole day. The meeting at the Tim Hortons was brief and the vehicles separated afterwards, with Witness B and Kreshnik going off in the Murano to continue the search. Vallee had no other purpose on that day. Aside from the assertion in a cross-examination question that it was Vallee who had left the scene and not Witness C, there was no evidence as to how this would have happened. Vallee’s minivan remained in use. There was no evidence that Vallee retrieved his vehicle to go elsewhere. It was not contested that the licence plates on the van were changed before and then after the shooting, consistent with Vallee not wanting his licensed vehicle to be observed in the Thunderbird Centre. It would make sense that Witness B would have been interested in Redekopp acting as a false alibi for him in the immediate aftermath of the killing and it makes little sense that he would have testified about such a request and so complicated the evidence if it were untrue.
- The aftermath
[657] Witness B testified that, after leaving the Thunderbird Centre in the van with Vallee and Adkins, he drove to a church on 96th near 210th in Langley. He parked the van and Vallee changed the licence plates back to what they had previously been. All of them then got into the Murano with Kreshnik and drove off. They went to Kreshnik’s house in South Surrey where they threw away all of the clothing that they had been wearing and sat down with beers to talk about what had happened. This conversation is discussed below at paragraphs 667-671. Vallee left with Adkins afterwards and Witness B stayed longer at Kreshnik’s house. He could not remember how Vallee and Adkins left, whether they were picked up by Adkins’ brother or walked to a nearby pub.
[658] Witness B said that Kreshnik gave him a ride to Witness C’s house that evening. Witness B had been trying to contact Witness C previously but there had been no response until Witness C told him that he was at home. Witness B, Witness C and Kreshnik then went for a “walk and chat” to a gravel field outside. Witness B explained that he had not been concerned about a wiretap at Kreshnik’s house because he was relatively low level but Witness C’s neighbour was a police officer and there was a possibility that Witness C’s house had been wiretapped. Witness B testified that he told Witness C what had happened in a “Coles Notes” version, but could not recall what either he or Kreshnik said, except that they agreed not to use the name “Traitor” anymore but only to refer to Leclair by a closed to open fist motion. He agreed in cross-examination that he must have also talked about Trung’s gun and using Redekopp as an alibi for himself. He was not aware that Witness C was aware that Leclair had been killed. Afterwards, Kreshnik drove him to pick up his truck at the pub where he had left it earlier in the day.
[659] Witness B’s recollection of the timing and location of this conversation is most probable. Given what had occurred, it is most likely that Witness B would have told his brother, Witness C, immediately. They had been together earlier in the day and the murder was a huge event within the conspiracy to murder the Bacon group. Witness B had left his car elsewhere and had to go and get it in any event. It is reasonable that he would have gone to Witness C’s on the way with Kreshnik.
[660] Witness B testified that he spoke with Vallee within a few days to confirm that he had picked up his van from the church. He said that Vallee told him that he had the van detailed, cleaned, and traded it in. Witness B later saw Vallee driving a Nissan Pathfinder. Details of Vallee’s vehicle ownership substantially confirm this recollection.
[661] Witness C testified that he met with Witness B at Witness B’s house the day after the Leclair murder. He did not remember Kreshnik being there and testified that he never had a conversation with Kreshnik about the Leclair murder. As discussed above at paragraphs 261 and 304, it is accepted that this conversation occurred but Witness B’s recollection of when and where this conversation occurred is preferred. Witness B told him that they had spotted Leclair in Langley and followed him to the Brown’s Social House. Vallee and Adkins left the vehicle. Vallee was “fiddling” with the AR-15 and then it went off. They ran back to the vehicle and fled with Kreshnik driving the blocker vehicle. They ditched the van at a house nearby belonging to a “deaf kid” and then Adkins’ brother went to get the vehicle for disposal later that night. They had used Trung’s AR-15 weapon.
[662] The content of this discussion is not relied upon except as going to the credibility of Witness B and Witness C. In this regard, any inconsistency is resolved in preference to the memory of Witness B, for reasons set out elsewhere. As such, there is little to be made of this conversation except that it occurred. That itself is significant because it needn’t have taken place if Witness C had participated in the shooting of Leclair.
[665] Witness C testified that D’Monte told him that he paid Vallee and Adkins $50,000 for the murder of Leclair, split equally. Kreshnik and Witness B were not paid because they were not part of the “hit team.” They did not “pull the trigger.” Witness B testified that he put up $20,000 for payment to Vallee and Adkins which Witness C handled. He had no knowledge of where or when either Vallee or Adkins were paid. Witness B was paid back the money but could not remember when. Witness B testified that he was not paid for his participation in the murder. From this evidence, it is concluded that both Witness B and Witness C intended that Vallee would be paid for the murder of Leclair. Whether Vallee was in fact paid for the murder has not been established.
Admissions
[667] Witness B testified that he had a conversation with Adkins, Vallee, and Kreshnik in Kreshnik’s house immediately after the Leclair shooting. The conversations were vague to him at trial but he remembered Adkins telling him that the handgun had jammed and said that the gun belonged to Witness D. Witness B told Adkins to get his brother to go and pick up his car at the Colossus Theatre parking lot.
[669] Witness B could not recall anything that Kreshnik said during this conversation. Witness B testified that they also discussed Vallee going back and getting the van.
[670] In cross-examination, Witness B confirmed the conversation with Vallee in which Vallee said that Leclair had seen him before the shooting and expressed surprise in a motion. Vallee told Witness B that the safety had been on the AR-15 when he first started to shoot but then he figured it out and shot through the window. He also confirmed that he had told a pedestrian “not to do it”. He agreed that he had told police in his proffer letter that the conversation had occurred in the van as they drove away from the Thunderbird Centre: but, his best recollection was that it had occurred afterwards at Kreshnik’s house.
[671] It is accepted that this conversation with Vallee occurred as stated at Kreshnik’s house after the Leclair murder. Witness B gave the same recollection of the substance of the conversation to police and at trial after a long interval of time from the event. The narrative of what Vallee said is in harmony with the general picture of events and was not fabricated as defence suggested. The eyewitness evidence confirmed that the machine gun shooter had a problem with the weapon. Witness B would not have known about such a problem if not told by the shooter. It is most probable that Witness B would have closed down conversation in the van as they fled the scene and discussed putting down visors and where to leave the van. It was not contested that they went to Kreshnik’s house. Witness B testified that they got beers and went into Kreshnik’s basement to talk about what had just happened. Witness B was not worried about wiretaps at Kreshnik’s house because he wasn’t at that level of concern to police and had recently moved into the house. It is reasonable and makes sense that these men would have talked about this sensational killing immediately after it happened, especially in the immediate aftermath with adrenalin still high and Witness B not knowing exactly what happened as the driver of the vehicle. The cross-examination to the effect that the conversation hadn’t occurred at all makes sense only if Vallee was not present at all at the murder of Leclair. As will be discussed further below, it is most certain that this was not the case.
[678] The first, and most significant, has to do with Adkins participation, but particularly with when he arrived on the scene. Witness C testified that he met Adkins and Vallee at the Starbucks earlier in the day of February 6, 2009. He remembered that Adkins was driving a dark blue or black coloured van. He said that Adkins, Vallee and himself met with Witness B and Kreshnik at the Tim Hortons around one o’clock. He testified that Witness B and Vallee used the washroom. He recollected going to the Tim Hortons without any knowledge of a video from there that showed only Vallee using the washroom. Witness C remembered speaking to Kreshnik but Kreshnik was not shown on the Tim Hortons video to have left the Nissan when it was parked beside the building for three minutes. A reasonable inference is that Witness B moved the Nissan closer to where the van was parked after seeing Vallee as he exited the Tim Hortons. It is reasonable that Witness C may have seen Vallee and Witness B together outside the Tim Hortons, so explaining why he thought that the two of them had used the washroom. Witness C then probably exited the van to talk to Kreshnik while Witness B looked into the van where Vallee was and saw the AR-15 rifle in the duffle bag. Witness B testified that it was Witness C and Kreshnik who had left to use the washroom. Although both Witness C and Witness B were inaccurate in their recollection of exactly who used the washroom, their failure is not improbable. Neither Witness C nor Witness B expressed any recollection of Adkins movements at the Tim Hortons.
[679] According to Witness C, Vallee and Adkins then drove him back to where he had parked his vehicle at the Starbucks and they parted company. There was no evidence of there being another vehicle associated with this group that had been left behind at that or any other location. Witness B testified that he met up with Vallee at the Dublin Crossing Pub parking lot later and that Vallee left his van there and joined Witness B and Kreshnik in the Nissan Murano. It appeared that Adkins was not with Vallee. Witness B testified that he met Adkins at the Colossus Theatre after sighting Leclair. This is inconsistent with Witness C’s evidence that Adkins had been with Vallee throughout in the van. However, there is a gap in the timeline here as the parties had departed the Tim Hortons sometime after 13:00 and it was not until sometime closer to 15:00 that Leclair was spotted. It was not established at what time Witness B met with Vallee at the Dublin Crossing Pub within this time frame.
[680] It was established that Adkins participated in the Leclair murder as a shooter, particularly as the shooter with the handgun. He was certainly present. The only question is when he arrived on the scene. The defence theorized that Adkins could have arrived at 13:52 at the Tim Hortons in a blue minivan. This theory has been rejected. The evidence of Witness B is the most plausible and reasonable given all of the circumstances. He had particular reason to recollect events of that day and his memory is more precise as to Adkins movements. He assumed that Vallee had contacted Adkins after Vallee, Kreshnik, and Witness B had spotted Leclair near the Gold’s Gym. This is reasonable given that Adkins and Vallee were teamed in the search for the Bacons. Aside from recalling Adkins driving the van, Witness C had no specific recollection of anything that Adkins did on that day, in contrast to his recollection of interaction with Vallee. He knew Vallee and Adkins to drive around together most of the time in a van and likely was mistaken on this usual day as to Adkins presence.
Conclusions
[684] The crime scene evidence established that there were two shooters and two drive away vehicles involved in the killing of Kevin Leclair. It has not been contested that Kreshnik was the driver of the Silver or grey Nissan Murano that followed the van into and out of the Thunderbird Centre. It has been established that Adkins was present as the handgun shooter at the scene of the murder.
[685] Cory Vallee had no reason to be anywhere else on that day. He had no legitimate employment for three months. He had been actively engaged in the search for the Bacons with Witness C, Witness B, and Adkins at least since Meyer’s death. He was being paid by D’Monte to fully engage in the Bacon conflict. He was so engaged earlier in the day when he went with Adkins and Witness C to evaluate an attack on the house of Moe Amarhoun.
[690] Vallee was teamed with Adkins following the Meyer murder and it makes sense that he would have contacted Adkins after Leclair was spotted rather than go it alone. The crime scene and eyewitness evidence supports Witness B’s narrative from his own perspective and as told by Vallee afterwards at Kreshnik’s house.
