A gangster made a rap video vowing to avenge his brother's murder hours before an innocent man was gunned down outside a takeaway
A gangster made a rap video vowing to avenge his brother's murder hours before an innocent man was gunned down outside a takeaway after being mistaken for a rival linked to the bloody feud, a court heard.
Members of the South Kilburn Gang also known as ‘Family About Cash’ recorded the rap in which Kervin Kavuala pointed to a tattoo of his dead brother Tyno Kavuala while another member sang ‘This all started when my brother died...it won’t end till I see another homicide’, a jury was told.
Later that same day, a rival from the Kensal Green Gang - blamed for Tyno Kavuala’s murder - was spotted in a KFC on the Harrow Road in west London and Kervin Kavuala was tipped off, it is alleged.
Pose: Kervin Kavuala vowed to avenge his brother's murder in a rap video posted on YouTube just hours before he is accused of shooting electrician Daniel Smith, the court heard
'Revenge': A court heard that just hours after this video of Kevin Kavuala was uploaded he and two others were told a rival gang member linked to his brother's murder had been spotted in a nearby KFC
Vow: Jury shown video of Kevin Kavuala pointing to a tattoo of his dead brother Tyno while another member sang 'This all started when my brother died...it won't end till I see another homicide'.
But the killers mistook electrician Daniel Smith, 22, for their intended target, the court was told.
He was shot dead as he left the restaurant after returning home from a first date.
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He staggered back inside, but collapsed and died despite efforts by air ambulance doctors to save his life.
Prosecutor Richard Whittam QC told the jury: ‘This case involves the murder of an innocent man committed against a background of gangs.
Murdered: Daniel, 22, was shot dead at just after midnight on Saturday 22 May, 2010 outside the KFC on Harrow Road, Paddington
‘He was no part of that. What had been and should have remained a pleasant evening for Daniel Smith and those who knew him ended in tragedy.
‘After taking a young woman out for the first time, and resisting the temptation to stay with her a little while longer because he had to work the following day, he decided to go home.
‘On the way home he decided to go to the KFC to get some chicken.
'He spoke to his sister on the phone both before and whilst he was at the KFC. That was the last time she spoke to him.
‘He was murdered because he was a victim of mistaken identity.
'The murder was intended to be a revenge killing for a previous murder - the murder of Tyno Kavuala, Kervin Kavuala’s brother in 2007.
‘His life was taken all too easily. He was shot barely a quarter of an hour after a phone call was made from the area of the KFC and the man for whom he was mistaken had entered the shop.
‘In that short time a loaded forearm was obtained and taken to outside the KFC where it was used to kill him.’
The Old Bailey jury was told in 2007 crack and heroin dealer Tyno Kavuala, known as Tank, was shot dead as he sat in his car allegedly by rivals from the Mozart/Kensal Green gang.
No-one has been charged with the murder.
In May 2010 his brother Kavuala, 27, Zeleke Forde, 30, and Jonathan Yeboah, 25, - who had recorded the rap video entitled ‘Cowboy Freestyle’ uploaded onto YouTube – were tipped off that rival Stacey Theophane, who was linked to the murder, was inside the KFC, it was claimed.
Investigation: Police probing the murder of electrician Daniel Smith issued these CCTV images showing three men seen in the area just moments before the killing
Tears: The weeping mother of Daniel Smith, Winnie broke down as she appealed for help to catch her son's killers
Kavaula is said to have told Yeboah to get him a gun.
Police do not know who pulled the trigger but all three men are charged because they are said to be connected by phone calls.
Kavuala’s fingerprint was also found on the outside of Mr Smith’s car.
Kavuala, Forde and Lewis deny murder.
Yeboah denies trying to get a gun to use in a murder or to endanger life.
Whittam QC told the jury the prosecution could not say who shot Mr Smith but said all three were guilty of murder because they had acted together by tipping each other off.
He said: ‘Kervin Kavuala would not have know of the presence of Stacey Theophane in the KFC had it not been for the action of Shane Lewis and Zeleke Forde.
‘They made the calls in the clear knowledge that there was a real risk that, in the context of this case, Kervin Kavuala would then try and kill Stacey Theophane.’
The trial continues.
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