Murder charge dropped against Milton, Ont. man who shot home intruder
Crown withdrew 2nd-degree murder charge against Ali Mian after February shooting
CBC News · Posted: Jul 31, 2023 9:51 AM CST | Last Updated: July 31, 2023
Ali Mian, 21, of Milton, Ont., shakes hands with his lawyer, Jag Virk, after a second-degree murder charge against him was dropped in court on Monday. (Submitted by Jag Virk)
A Milton, Ont. man formerly accused of killing a home intruder earlier this year no longer faces a charge of second-degree murder.
On Monday, the Crown withdrew the charge against Ali Mian, 21, in a Milton courtroom, Ontario's Ministry of the Attorney General confirmed to CBC Toronto.
Mian was originally charged in connection with a shooting in the early morning hours of Feb. 19 at his home in the area of Ontario Street South and Louis St. Laurent Avenue.
Halton Regional Police previously said a man was found dead at the scene. Another man, a 20-year-old from Oshawa, was arrested at the home and charged with breaking and entering and unauthorized possession of a firearm. Three other suspects fled the scene.
Jag Virk, Mian's criminal defence lawyer, said on Monday that Mian is relieved at the charge being dropped and that he is now a free man, he added.
"He's very happy, of course. Finally, he has his life back, freedom back. A heavy burden was lifted off of his shoulders as he was facing murder charges, knowing that if he's found guilty, he would be going to jail for a very long time," Virk said.
Mian was in custody for about nine days before his bail hearing, he added.
In an email to CBC Toronto on Monday, police said an investigation is continuing but added there are no other updates at this time.
'A lot of sleepless nights'Virk said the Crown agreed Mian's actions were in self-defence.
"The Crown agreed with me that there was no reasonable prospect of conviction, given the defence of self-defence," he said.
He added that the case weighed heavily on his client, both financially and emotionally, and that Mian is currently overwhelmed. "A lot of sleepless nights, a lot of stress, for sure... It's taken quite the toll on him. It's been a very difficult time," he said.
Virk had said previously that the shooting was not targeted and that his client was a registered firearm owner, who "used his gun legally against an armed intruder."
In a statement, he said: "He shouldn't be charged with murder for protecting his mother from someone that broke into his home.
"His intention was not to kill the intruder, he only shot at him once. We are all saddened that the intruder passed away as a result of being shot."
On Monday, Virk said Mian no longer lives at the home and is still a registered firearm owner.
Mian was previously charged with second-degree murder earlier this year in connection with a shooting in the early morning hours on Feb. 19 at his home in Milton, Ont. That charge was dropped in court Monday morning. (CBC)
Case is clear-cut, legal expert saysAri Goldkind, a criminal defence lawyer, said the case appears to be a clear-cut case of self defence.
Goldkind said the Crown had to ask two questions: Is there a reasonable prospect of conviction? Is it in the public interest to proceed? Those questions must be applied against the facts of the case, he added.
Under the Criminal Code, Goldkind said a person is not guilty of an offence if an act is committed for the purpose of defending oneself or someone else, but the act of self-defence has to be "reasonable" under the circumstances. The act must be "no more force than is reasonable," he said.
"We're not Texas, we're not Florida with Stand Your Ground, where everybody can walk around with a concealed carry weapon," Goldkind said on Monday.
"The fact that there's a lawfully registered firearm in the home here is important. But for pure self-defence, if you're met with the threat of imminent harm, something very serious coming your way, your life is in danger, you are allowed to use as much force as is reasonably necessary to protect yourself."
With files from Farrah Merali |
