Court hears opening remarks, first witnesses in Dillon Whitehawk first-degree murder trial

Crown prosecutors are expected to call their first witness to the stand in a weeks-long murder trial of a man accused of two shooting deaths in late 2019.

Dillon Ricky Whitehawk, 27, is facing trial for two counts of first-degree murder in the shooting deaths of Jordan Gaiton Denton and Keenan Scott Toto. He pleaded not guilty to both charges on Monday.

Co-crown prosecutor Adam Breker gave his opening remarks to the court on Tuesday morning.

Breker told court Denton, 27, was shot and killed on the 800 block of Robinson Street on Nov. 9, 2019.

Toto, 23, died from a gunshot through the heart, according to autopsy results on Dec. 1, 2019. The alleged shooting happened on the 1200 block of Queen Street.

Breker alleged both Denton and Toto were shot and killed in the street by Whitehawk.

In both instances, Breker alleged Whitehawk was a passenger in a vehicle that approached the victims. He said someone in the vehicle asked Denton and Toto about gang affiliation before they were shot.

Breker said at the time of the deaths there was “a war of sorts” between two Regina street gangs: Indian Mafia (IM) and Native Syndicate Killers (NSF).

Whitehawk was trying to work his way up in ranks as a member of IM, the crown alleged.

Breker said both Denton and Toto were in the “wrong place at the wrong time.”

The crown’s opening remarks are not considered evidence. Court is expected to hear from first responders, experts, witnesses and people who were in the vehicle with Whitehawk the nights of the alleged shootings, as part of the crown’s arguments.

The trial is expected to last for three weeks. Fourteen jury members were selected to account for the length of the trial and possible illness-related absences.

REGINA POLICE OFFICERS TESTIFY

Several members of the Regina Police Service (RPS) took the stand as the crown’s first witnesses, focusing on Denton’s death.

Cst. Amber Hawker was the first to testify.

During the crown’s questioning, Hawker said she and her partner were dispatched to a house in the 800 block of Robinson Street for a “weapons offence involving a firearm” at 3:25 a.m. on Nov. 9, 2019.

Court heard the 911 call made by Philip Desjarlais the night of the shooting.

Desjarlais told the dispatcher that he “heard a shot and someone going down.” He said his girlfriend was giving the man chest compressions, while he called for help.

When police arrived, Denton was found on his back at the bottom of the stairs along a Robinson Street home, according to Hawker.

Hawker said she heard “gurgling noises,” which was a result of the girlfriend performing mouth-to-mouth on Denton.

Hawker said she took over chest compressions on Denton, while her partner looked for a pulse. They never found one.

Hawker said Denton was identified by a number of tattoos on his face and neck.

Hawker told court Denton was wearing a grey sweater, tan pants, black shoes, black gloves and a black hat the night he was killed.

Cst. Alyssa Gregory, a member of the forensic identification unit, provided testimony based on her involvement with Denton’s death investigation.

Gregory testified that there was a single gunshot wound in Denton’s upper right back.

The crown submitted evidence, including photographs of the crime scene, during her testimony.

“There was not a lot of blood on scene that we could see,” Gregory said.

Based on Gregory’s observations, it appeared Denton fell at the base of the stairs, which is where he was pronounced deceased. There were no footprints found in the area, Gregory said, likely due to the snowy, rainy weather conditions and the packed snow in the yard. She told court it is unclear if other people were coming and going from the scene before police arrived.

Photographs show Denton was wearing several layers of clothing, including a black and grey flannel, grey sweatshirt, black shoes, black gloves and a black hat. He was wearing a red shirt underneath.

Evidence also showed Denton was carrying a black and red drawstring backpack when he was shot.

Earlier in the day, the crown told court that the colour black is associated with the IM gang. Red is the colour associated with the NSK gang.

Breker argued Denton and Toto were killed because “they were simply believed or loosely suspected” to be rival gang members. He said wearing red anywhere in Regina, especially in the areas where these men were killed, could be “dangerous” whether or not the person is involved in a gang.

During Hawker’s cross-examination, defence lawyer Thomas Hynes focused on the fact that the majority of Denton’s clothing that was visible was not red.

The crown submitted residential surveillance videos as evidence.

Video from two different homes in the 700 block of Cameron Street showed a man who appeared to be Denton walking northbound on Cameron Street around 2:15 a.m. on Nov. 9, 2019. Another video showed the man cutting through a vacant lot toward Robinson Street.

In the crown’s opening remarks, Breker said Denton was with an “acquaintance” when he was shot and killed.

In the surveillance videos, court saw the man walking alone and did not appear injured.

During RPS Sgt. Pierre Beauchesne’s testimony, he said one of Denton’s acquaintances lived a block away from the shooting in the 700 block of Robinson Street.

'HE LOOKED SCARED'

 

Philip Desjarlais called 911 the night Denton died.

 

Desjarlais testified in court that he found Denton lying at the bottom of the stairs beside his house in the 800 block of Robinson Street on Nov. 9, 2019.

 

Desjarlais said his girlfriend began performing CPR, while he called for help.

 

At that point, Desjarlais said Denton’s eyes were open and he was still alive.

 

“He looked scared,” Desjarlais said.

“He was laying down [on his back].”

 

Desjarlais and his girlfriend were walking home from Athol Street prior to finding Denton outside their house.

 

They heard a single gunshot on their walk, he testified.

 

“We heard a shot and took cover,” he said, adding the sound came from north of his home.

 

Desjarlais told court he heard a “groan” after the gunshot, but did not hear any other commotion. He said he did not see any suspects.

 

Denton’s cousin gave a brief testimony in court.

 

He said he was with Denton around 2 a.m. the night he died.

 

The cousin told court that Denton was headed to the 800 block of Robinson Street to try and sell his phone on Nov. 9.

 

When asked by the crown, he said Denton was “involved” in a Regina street gang, but it was not the IM or NSK.

Court will reconvene at the Delta Hotel Wednesday at 10 a.m.