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A still from security camera video shows the chaotic moments after gunmen opened fire on a memorial for killed Toronto rapper Dimarjio Jenkins, known as Houdini. Terrell Burke-Whittaker is seen circled at centre, in blue.

Toronto Police Service

A judge on Ontario’s top court has called out his colleagues for upholding a sentence of no jail time for a man who fired a shot during a chaotic gunfight next to Highway 401, expressing concern the decision “undermines our credibility.”

Court of Appeal Justice William Hourigan was dissenting in the case of Terrell Burke-Whittaker, who pleaded guilty to possession of a loaded prohibited firearm after he fired in the direction of the busy highway in June 2020, during a shootout involving multiple people at a viewing for slain Toronto rapper Houdini behind a North York bar.

Jacques Gallant is a Toronto-based reporter covering courts,justice and legal affairs for the Star. Reach him by …

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