BIKER NEWS -- Lou Malone was a tough customer. An Ontario Superior Court Justice jury found out Monday just how tough. Malon...
BIKER NEWS -- Lou Malone was a tough customer.
An Ontario Superior Court Justice jury found out Monday just how tough.
Malone was killed by a shotgun blast to the back on his head in Hamilton's east end on Nov. 9, 2013. Grimsby brothers John and Mike Josipovic, 52 and 49 respectively, have pleaded not guilty to first degree murder.
Justice Harrison Arrell started the seven-man, five-woman jury's workday by reading an agreed statement of fact.
Arrell told the jury Malone, 49, had a lengthy criminal record that included being convicted of aggravated assault, possession of narcotics and possession of a weapon in connection with a 1993 incident in Cayuga that saw a male victim sustain a collapsed lung after being beaten for six hours.
The judge said Malone was well-known to Hamilton police and had been a Hells Angels member until a couple of years before his death.
The jury also heard from a career criminal Monday who assisted Malone with the early morning beating of Mike Josipovic on Nov. 9, 2013 outside Main Billiards on Main Street East. Josipovic escaped the attack in which a witness has testified he was beaten and thrown into the back of his own pickup truck. He made it to the 7-Eleven at Main and Ottawa streets, where he summoned brother John.
The Crown suggests the beating and alleged kidnap attempt precipitated the brothers' decision to hunt for Malone before shooting him point-blank on Kenilworth Avenue North.
Ronald (Brett) Gibson, a 27-year-old with 12 criminal convictions including aggravated assault on a female in 2015, testified he helped Malone carry out a vicious beating in exchange for $16 worth of drinks. Gibson told court he met Malone for the first time at the now closed Shenanigans bar on Nov. 8, 2013. He said the ex-biker bought him about $16 worth of drinks there, and later down the street at Main Billiards.
In return, Gibson admitted helping Malone carry out the beating in the early morning of Nov. 9, 2013. Gibson said he was outside Main Billiards and saw Malone enter into a scuffle across the street.
"I just reacted. I ran across the street and may have kicked a guy (Josipovic) while he was on the ground and maybe thrown a punch.
"He (Malone) bought me drinks at Shenanigans and Main Billiards. I was just sticking up for him," Gibson said.
Defence lawyers Robb MacDonald and Sandee Smordin contend Malone pulled a gun on Josipovic during the assault and received the car keys to his truck. But Gibson denied seeing a gun. He also denied attempting to kidnap Josipovic by putting him in the back seat of the vehicle.
"Just so I understand, you receive $16 worth of drinks and for that it makes sense that you would punch Mike Josipovic in the face and kick him while he was on the ground?" the defence counsel put it to the witness.
"Not now it doesn't," Gibson replied.
"What would you do if a guy bought you a nice steak dinner?" MacDonald asked.
Gibson disagreed with MacDonald that the attack was "vicious."
"I wouldn't say vicious. Violent, yeah. It was violent conduct. Vicious is a little extreme," Gibson said. He said Malone drove him home after the attack.
William Cook testified he was awakened at his 35 Robins Ave. home by a shotgun blast that shattered the glass in his front storm door. The Crown contends the blast occurred when the Josipovics shot at but missed Malone as he walked his two pit bulls.
"I heard a concussion, like bang, that startled me. I arose from my bed and put on my flannel pajamas. My daughter was screaming at the time. I asked 'Did it hit the house?' and she screamed the glass broke," Cook testified.
He observed a middle aged man in a pickup reversing out of his driveway. "I yelled at the gentleman. I think I called him an expletive and told him to come back."
Cook said the truck reversed and headed east on Cannon toward Kenilworth after Malone.
The trial continues Tuesday.
This article was first published on NOV 24 2015
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