Judge Charles Pater sentenced Tunstall to life in prison with the possibility of parole after 21 years for the fatal shooting of Jaraius Gilbert Jr., 13, on the night of Aug. 29, 2018.
According to trial evidence, Tunstall conspired with a co-defendant, Miquan Hubbard, in the shooting. The estimated 15 shots fired by a 9mm gun also hit another man, but he recovered from his wounds.
Hubbard pleaded guilty to murder with a gun specification. Evidence showed Hubbard, then 19, was the shooter, and Tunstall provided him with the gun. Hubbard is serving a sentence of life in prison with the possibility of parole after 16 years.
At trial prosecutors and police presented evidence that the shooting of Gilbert and the second victim was part of an ongoing feud between two sects of the Bloods gang in Hamilton that has included gun violence dating back to a fatal shootout at the former Doubles bar in July 2016.
An 8-second Snapchat video of Hubbard and Tunstall together “throwing” gang signs was played for the jury during Tunstall’s trial along with a jailhouse call placed to Tunstall two hours before the shooting saying “you know what time it is.”
On appeal, Tunstall argued the trial court erred in admitting prejudicial evidence of a gang affiliation, ineffective assistance of counsel and the conviction was not support by the totality of evidence presented.
In a unanimous decision, the appellate judges disagreed, ruling the gang affiliation was properly admitted because it was relevant to show motive and a plan for the shooting of rival gang members.
The prosecution proved Tunstall had motive and a plan to shoot rival gang members, he provided the gun in the shooting, acted as a scout before the shooting, and sought to conceal and dispose of evidence of the crime, including the firearm and clothing worn during the shooting, according to the appellate court’s decision.
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