he masked assailant who fired in daylight in the foot of businessman Tony Elian last March in downtown Montreal is still on the run. A man detained for six months for this crime has recently been acquitted of the most serious charges against him, since his presence on the scene has finally proved "improbable".
Tony Elian, owner of a luxury men's clothing store on Peel Street, was hit on the foot on March 12 at about 11:40 am. In his escape, the gunman had abandoned a 12 gauge rifle on the sidewalk. in front of the Georgio Gruppa Roma shop. The police believed they had snatched the shooter a few days later, when Kevin Buehler II was charged with unloading a weapon with the intention of hurting Tony Elian and committing a robbery using a firearm. fire.
But a video showing Kevin Buehler II moments later in Saint-Viateur Street, in another part of the city, made "improbable, although not impossible" that he is the masked shooter, explained the prosecutor of the Crown, M e Jean-François Roy, 21 September 2018.
Kevin Buehler II was not, however, fully cleared in this case. As his fingerprints - and those of two men - were found on the pair of ski goggles worn by the assailant, the accused pleaded guilty to disguise with intent. He was acquitted of the other three counts.
The 29-year-old admitted to providing these glasses to an "individual" involved in a conflict with the victim. In addition, Mr. Buehler was "aware of a serious conflict between individuals and the victim in this case," said M e Martin Subak, defense lawyer presenting the summary of facts.
Although there is no evidence that the accused knew the circumstances of the crime, he should have known that this pair of glasses would be used when committing a crime, Subak said.
RELEASED
With virtually no criminal history, Kevin Buehler II was released the same day by Justice Suzanne Custom two weeks ago. He had served the equivalent of nine months of pre-trial detention since his arrest.
Tony Elian seemed targeted by enemies in the months leading up to this attack. The Police Department of the City of Montreal had to defuse a suspicious package last December in front of his shop. A Molotov cocktail had also been thrown at his establishment a year earlier and his vehicle was set on fire in the entrance to his home in Westmount. Tony Elian attended the funeral of former mob boss Vito Rizzuto in December 2013, according to TVA News.
