‘Innocent people are going to get killed’: Suspect still at large after summer gunfight in Hamilton street
The black, four-door Pontiac G5 stops in the middle of the road on Oak Avenue, facing Barton Street East. The driver calmly gets out and shuts the door.
He's wearing all black, a surgical mask covering his face, and he carries something in his right hand - a handgun.
The gunman runs into the parking lot at the back of Allure Lounge Caribbean Restaurant, on the corner of Oak and Barton. He takes half a dozen steps before reaching a black BMW parked with the driver's door propped open. He fires multiple shots directly at the man seated in the car, identified by police as 23-year-old Donavan Hines.
As the shooter flees, the man in the car can be seen rustling around and then at least four shots are fired in vain through the front windshield. The first shooter is already speeding away.
The whole thing - captured on surveillance video released by Hamilton police - takes 23 seconds.
It was 5:10 p.m. and sunny on Wednesday, July 28. Allure's back patio is just steps from where the shooting happened. Patrons and others walking on Barton Street ran for cover.
Hines was seriously hurt in the shooting, but in an unusual move, the victim was also charged with multiple firearm offences.
This gunfight was not the first time Hines has been shot, nor is it the first time he's been charged in a shooting.
Shot eight times
At a news conference not long after the shooting, Det. Sgt. Jason Cattle of the major crime unit called the brazen shooting unacceptable.
The video shows the men firing at each other. It is a daytime gunfight on a busy Hamilton street.
The first shooter fired at Hines point-blank. He was already back at his car and fleeing by the time the second set of shots were fired from within the BMW. Hines' view would have been blocked by a white minivan parked on the road. Those shots were fired without aim.
When police arrived at the scene, they didn't know where those second set of shots had gone - they couldn't even find the bullets. Detectives had to knock on doors at the apartments across the street to make sure an innocent bystander had not been shot.
Innocent people are going to get killed here because of silly kids," Cattle told The Spectator in a recent interview about the gun violence.
Nearly four months after the shooting, police are still searching for the first shooter, described as a Black man, five-foot-10 to six-foot-five. He wore a black hooded sweater with a logo/writing on the front, black pants and a surgical mask.
We are still investigating and trying to identify the shooter," Cattle said.
Hines was shot eight times, including to his chest and legs. It's a miracle he survived, says his defence lawyer.
Hines remains in jail, where he uses a wheelchair because of decreased range of motion in his right leg. He still has bullet fragments in his body. One bullet narrowly missed his heart.
But for the grace of God my client is alive," Peter Boushy said.
If the case proceeds to trial, Boushy said he would vigorously pursue self-defence" to fight the charges.
Not the first time
This is not the first time Hines has been hurt in a shooting. The Spectator has confirmed Hines was targeted in a drive-by shooting on Mohawk Road East, east of Upper James Street, in October 2020. He was hurt but survived.
Before that shooting, Hines was charged in another shooting and robbery case from March 2018. It happened just a block away from where Hines was shot this summer.
In that case, Hines pleaded guilty to robbery, and his 19-year-old co-accused pleaded guilty to discharging a firearm with intent. Hines was sentenced to two years minus credit for pretrial custody, plus 12 months probation. His co-accused, Akua Page, was sentenced to six years. A 17-year-old girl was also charged in the incident.
According to an agreed statement of facts read in court, the then 20-year-old victim, Jhonier Rodriguez, was shot clean through the neck during a robbery. His injuries were not life-threatening.
Surveillance video in that case showed a trio going into a walk-up apartment building at 267 Emerald St. N., at Barton Street East. Seconds later, the victim stumbled out, his hand on his neck and blood spilling on the sidewalk.
Court heard that Hines knew the victim from high school. Rodriguez thought Hines was coming over to smoke a joint." Instead Hines pushed the victim against the wall, while Page pointed the gun. The victim slid his cellphone over to them, but the gun went off. Page was also accidentally shot in the arm.
After that shooting, Hamilton police led a manhunt to find the accused, releasing his picture to the public.
On March 6, 2018, a day after the shooting and just hours after police released Hines' image, police went to a residence on Cedar Avenue, just west of Gage Park. When officers arrived, there was a brief altercation" with two men, one who police alleged was Hines.
At the time, police alleged Hines went into the residence and escaped out the back, while police assembled outside. Hines was eventually arrested in Toronto March 14.
Emerald is just a block away from Oak, where the brazen daytime shooting happened this July.
The shooting on Oak was one of 30 shootings in Hamilton this year. Police say there are more guns on the street. Many of these shootings involve impulsive young men from Hamilton not thinking about the consequences of their actions.
There have been 17 people hurt in shootings in Hamilton in 2021, including seven killed.
Police are investigating the possible connection between a recent string of shootings on the Mountain. However, Cattle said there is no evidence the Oak Avenue shooting is tied to any others.
Hines is charged with careless use of a firearm, unauthorized possession of a firearm, knowledge of unauthorized possession of a firearm, carry a concealed weapon, occupant of a motor vehicle knowing there was a firearm, discharge firearm with intent and discharge firearm with recklessness.
Anyone with information is asked to call Det. Lisa Chambers of the major crime unit at 905-546-3843.
To remain anonymous, contact Crime Stoppers at 1-800-222-8477 or crimestoppershamilton.com.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com