Criminal lawyer looks at how a jury could handle the trial of a man accused of running over Toronto police

The jury in Umar Zamir's trial could begin deliberating this week as the Crown and Defense prepare for closing arguments.

Zamir has been charged with first-degree murder in the death of Detective Constable Jeffrey Northrup. The officer died on July 2, 2021, after being struck by a car in a parking garage below Toronto City Hall.

Criminal defense attorney Joseph Neuberger was not involved in Zamir's case but followed the trial and offered some insight into what the jury will decide.

“The Crown will have to prove to the jury that Mr. Zamir knew the people who approached his car were police officers,” Neuberger explained. “So his actions at the time that led to his death were also premeditated … I think that's a very big obstacle for the Crown.”

The court had previously held that Const. Northrup and his partner – both plainclothes – were investigating the stabbing when they entered the underground garage. Zamir was not involved in the stabbing.

Crown prosecutors accused Zamir of choosing to perform a series of maneuvers with his car that caused Const. Northrup's death, but the defense says the officer's death was a tragedy.

Defense attorneys said neither Zamir nor his wife – who was eight months pregnant at the time – were unaware that the men who approached them in the largely empty parking lot were police officers. At that time, their two-year-old son was with them.

Neuberger said the jury could have returned a verdict for a lesser crime, such as second-degree murder.

“The jury should have no doubt that Mr. Zamir did not know they were police officers, but intended to kill the man that night,” Neuberger explained. “I find it inconsistent with the evidence and inconsistent with the Crown's theory. Although this could be left to the jury as part of the offenses that may be included, I do not think this is a decision available to the jury.

According to Neuberger, murder would have been another option. “He didn't know the officer was actually a police officer, but his actions knowing there were people in front or behind him could have caused harm and someone died.”

Another possibility: justification.

“I think one of the things that is very difficult for the Crown attorney here is the lack of a clear explanation as to why Mr. Zamir intentionally hit the police officer with his car,” said Daniel Brown, another criminal defense attorney.

“He always said he didn't know they were police. He thought he was being robbed. He thought that he and his family were in danger. A pregnant woman and a small child were in the car. And it didn't get any better. “He was an accountant with no criminal record,” Brown explained.

“If he knew the police wanted to talk to him, why wouldn't he stop at the police?” So this theory of the case makes a lot more sense than the Crown's theory of the case that they knew they were police and tried to hit them anyway.”

Throughout the trial, The jury heard very different accounts of what happened that night in July 2021. Three police officers said in witness statements that Detective Constable Geoffrey Northrup had his hands up before he was killed.

But collision reconstructionists, one with Toronto police and one for the defense, rejected that evidence, confirming that Northrup fell to the ground before being killed.

Lisa Forbes, Northrup's partner, testified in court that she repeatedly introduced herself to Zamir and held up his badge. Zamir said he did not know they were police officers and did not see any badges.

“I think it's clear on the facts, including his spontaneous statements after being arrested, that he didn't know he was a police officer, that he thought they were being robbed and that he was scared and tried to run away. his family's safety, it's a really tragic situation,” Neuberger said.

The jury is expected to hear closing statements from the Crown and the defense on Tuesday.

With Canadian Press files