Two men who were acquitted by a jury in a 2021 homicide have been sentenced on the fact that, when each were arrested, they were carrying guns.
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At the end of September, Elijah Marfoh, 20, and Cleveland VanEvery, 21, were found not guilty of first-degree murder in the death of Nebiyu Myers. In testimony, Marfoh admitted he shot Myers, who was his friend and fellow drug dealer.
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Although Crown attorneys laid out a theory that the two men were angry at hearing Myers had killed Isaiah Castillo, another member of their drug culture ‘family’, Marfoh testified he shot the 19-year-old in self-defense when a paranoid Myers turned on him with a gun in the stairwell of an Alfred Street home
The defense case offered explanations for why Marfoh was wearing a ski-mask on the day of the shooting and carrying a gun.
When Marfoh and VanEvery were arrested in Toronto days after Myers’ death, Marfoh had two loaded handguns, including the one used to shoot Myers, and VanEvery was in possession of the loaded weapon that had been used to kill Castillo.
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The men, who also had weapon bans before the incident, opted to leave their firearm charges pending while resolving the murder charges.
Both men have remained in jail since their arrests.
Superior Court Justice Ian Smith sentenced Marfoh to four and a half years which, less his time served, calculated at 47 months, left him almost seven months to serve.
VanEvery’s time served was calculated at about 45 months but he was sentenced to two years less one day as a sentence since the judge agreed trial evidence showed VanEvery hadn’t been selling drugs or in possession of the gun before Myers’ death.
VanEvery said because someone shot at him in the past, he was afraid for his life and held onto the gun. He was released after the sentencing.
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