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A man has been found guilty of second-degree murder in the shooting death of a Toronto mother outside a supervised consumption site in Leslieville.
Damian Hudson had pleaded not guilty to the charge in the death of Karolina Huebner-Makurat, 44, who was shot on July 7, 2023.
Huebner-Makurat, a mother of two, died in hospital after she was hit by a stray bullet outside the South Riverdale Community Health Centre on Queen Street E. near Carlaw Avenue.
The jury deliberated for a day and a half before finding Hudson guilty. In a quiet courtroom on Friday evening, there was silence when the verdict was read. A second-degree murder conviction carries an automatic life sentence with no chance of parole for 10 to 25 years.
The family of Huebner-Makurat, who was also known as Caroline, said in a statement: “We are grateful for the dedication of the Toronto Police Service and the Canadian legal system, especially the efforts of the Crown attorneys and the members of the jury, who worked to bring justice forward during this lengthy and thorough trial process.
“Our family, friends, loved ones, local community, and neighbours will remember Caroline forever as we move forward with our lives. We encourage everyone to maintain positive communication today, tomorrow, and beyond.”
Karolina Huebner-Makurat, a 44-year-old mother of 2, died in hospital after she was struck by a stray bullet on July 7, 2023. (Submitted by Adrian Makurat)
Bullet from man’s gun killed woman, jury was told
At trial, the Crown told the jury in the Ontario Superior Court of Justice that Huebner-Makurat was walking in the area, when Hudson and two others men were fighting in front of the community health centre. The supervised consumption site was inside the centre on the first floor.
The Crown alleged the fight was between Hudson and two rival drug dealers, all of whom allegedly sold drugs in the courtyard next door.
It was a bullet from Hudson’s gun that killed Huebner-Makurat, the Crown told the jury.
According to the defence, Hudson acted in self-defence when he fired the bullet that killed Huebner-Makurat.
Man had testified that he feared for his life
During the seven-week trial, the Crown and defence replayed videos of two rival dealers viciously beating Hudson and pistol whipping him, while stealing his bag that held drugs and $1,500 in cash.
Hudson testified he fired because he feared for his life after one of the men shot first and used a gun they had dropped during a struggle.
Nine out of 11 jurors recommended Hudson serve the minimum 10 years of a life sentence before he can apply for parole.
The shooting happened outside the South Riverdale Community Health Centre. (Alex Lupul/CBC)
The fatal shooting prompted a community outcry and provincial reviews of drug consumption sites, which in turn led to provincial legislation that banned any supervised consumption site within 200 metres of a school or daycare.
Organizers for a Toronto site launched a Charter challenge of the law, and a judge granted an injunction to keep it open just before the ban took effect this spring.
However, facing a dearth of government funding, most of the sites chose to convert to the province’s new abstinence-based model and closed.
The Leslieville consumption site, known as the keepSix Consumption and Treatment Service, closed ahead of a March 31 deadline to shut its doors, as directed by the Ontario government.
The court will set a date for Hudson’s sentencing on Jan. 8.
