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Lawyer: Accused thought his brother was bluffing when he was shown gun

Murder accused Leroy Symons believed his brother was bluffing when he showed him a gun the night of Shane Minors murder, according to lawyer Shade Subair.Ms Subair said her client didn’t realise his co-accused, Ronniko Burchall, intended to kill anyone on the night in question.“He thought he was trying to act bad, trying to make himself look like this or that,” Ms Subair said. “He was trying to come across that he was street, he was hard.Mr Minors, 30, was fatally shot outside his lower floor apartment in the early hours of December 17, 2009.Mr Symons, 21, and Mr Burchall, 23, both stand accused of the murder, while Mr Burchall alone faces an additional charge of using a firearm to commit the offence of murder.Both have pleaded not guilty to the offences against them.The prosecution has maintained that Mr Burchall was the man who pulled the trigger, but that Mr Symons aided and assisted his co-accused before and after the murder.They claim that the murder was part of a tit-for-tat series of shootings between the Parkside and 42 gang.It was alleged by the Crown that Mr Burchall was motivated both by a desire to be accepted by the Parkside gang, and avenge the murder of childhood friend Gary [Fingaz] Cann, who was killed just days before Mr Minors was murdered.Weeks after the fatal shooting, Mr Symons told police that on the night of the murder, Mr Burchall approached him with a firearm asking if he could cock the weapon with the safety on, and for directions to the Minors household.Mr Symons also told police that Mr Burchall admitted to the murder a day later and asked him to tell the guns reported owner, high ranking Parkside member Jahkeil Samuels, where the weapon had been hidden.Admitted former drug addict Andrew Laws also spoke to police about Mr Burchall, saying that the accused had approached him on the street and said he was upset that his brother had betrayed him.He said during the conversation, Mr Burchall admitted killing Mr Minors.On the stand, Mr Burchall told the court that Mr Symons was attempting to frame him for the murder, saying that he was asleep at his aunt’s house at the time the shooting took place.Making her closing statement yesterday, Ms Subair said that her client not only helped police at every opportunity, offering to help them by recording conversations with Mr Burchall, his half brother, but remained consistent with his story.She acknowledged that Mr Symons had a criminal past, describing Mr Symons as “a man who wanted to live by his wits on the streets and take care of his boy.”“He’s a nuisance. He deals drugs. He is sometimes seen in Magistrates’ Court,” she said. “So be it. No one comes here innocent.“The only thing we are being asked is, is he guilty of murdering Shane Minors.”She said that while Mr Burchall had a “goody two-shoes” reputation, he had become more involved in gang culture, and was looking to make a name for himself.Noting pictures of Mr Burchall taken with several reported Parkside and Middletown gang members including Prince Edness, Jahkeil Samuels and Sanchey Grant, she said: “It’s just completely obvious. Ronniko was really getting into this thing.“Leroy has been living the street life for years. If he wanted to be in a gang, he would be in a gang, but there has been no evidence that he is a gang member.”While Jerome Lynch QC, representing Mr Burchall, had criticised Mr Symons’ choice not to take the stand, Ms Subair said her client had said more than enough during taped police interviews.“Do you need to hear the story again?” she said. “If you have doubt, if you want to see his demeanour, watch those tapes again.”She closed her statement saying: “This is serious. This is so serious that men are charged with murder.“If you feel that [Mr Symons] is no angel, that he is not innocent, that he is guilty of accessory after the fact, that does not make him guilty of murder.”Giving the jury instructions yesterday afternoon Puisne Judge Carlisle Greaves said that because of the nature of the charges, Mr Symons can only be found guilty if Mr Burchall is convicted.If Mr Burchall is found not guilty, he said Mr Symons must also be acquitted.The jury is expected to begin its deliberations today.