The Edmonton man did not intend to kill in the 2019 shooting, the defense claims

Anas Mujber did not intend to kill when he fatally shot Emilio Jimenez outside a strip club in Ottawa in April 2019, according to his lawyer’s opening remarks.

Mujber’s second-degree murder case began last month, and the Edmonton man pleaded not guilty to the charge but has admitted to shooting Jimenez.

During his opening remarks on Monday, Mark Ertel, one of Mujber’s lawyers, told the jury that Mujber was guilty of manslaughter.

Emilio Jimenez, 25, was killed in April 2019 after leaving a strip club in Ottawa with his friends. (Facebook)

“Make no mistake, this is a murder, an unjust and tragic murder of a young man,” Ertel said. “The only question left for you to decide is whether or not he formed the intent to commit murder.”

Mujber stepped out of a Range Rover and shot Emilio Jimenez, 25, three times at close range outside Barefax Gentleman’s Club in the early morning hours of April 18, 2019.

Jimenez was at the strip club with his friends that night, and Mujber was there too, but with a different group.

During the Crown’s opening remarks last month, prosecutor Jon Fuller said the jury will hear from witnesses during the trial, who will confirm that both groups agreed without explosive interactions leading to the violence.

Video footage will show Mujber leaving the club and sitting inside the parked Range Rover. Just six minutes later, Fuller said, Jimenez came outside to join his friends, who were standing with some of Mujber’s friends.

Fuller said that was when a fight broke out. Jimenez was beaten and moved to escape the attack. Mujber appeared between two parked cars and open fire on Jimenez, Fuller said.

This scene near the intersection of York and Cumberland streets is a few blocks east of where the victim was found. (Amanda Pfeffer / CBC)

The accused fled the scene, video shows

Safety video shows Mujber getting back in the vehicle and fleeing the scene while Jimenez was bleeding on the ground.

Responding police officers began pursuing the Range Rover and eventually found it dumped while those on board fled on foot, Fuller said, after which police pursued and arrested Mujber.

The next morning, a passerby on his way to have breakfast found a gun thrown on the grass along the route Mujber took to escape the scene.

Forensic investigations revealed the gun had Mujber’s DNA on it and matched grenade casings found at the scene, Fuller said.

But Ertel reminded the jury on Monday that it is up to the Crown to prove beyond any reasonable doubt that Mujber shot Jimenez with the intent to kill.

“Juries decide based on evidence, not sympathy,” Ertel said.

Sarah Ahsan also represents Mujber along with Ertel.

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