KITCHENER — Faulty ammunition likely saved a drug dealer’s life during a failed robbery in Waterloo almost two years ago, jurors were told Monday.
“This is the story of a drug rip-off that almost had fatal consequences,” said Crown prosecutor Andre Rajna.
Four men are on trial in connection with the July 6, 2011, incident behind the Northfield Plaza after a deal for 2.7 kilograms of marijuana had been arranged.
David Vu and Trey Diaz are jointly charged with the attempted murder of Andrew Balogh, who allegedly had a handgun pointed at his head when the trigger was pulled.
Along with Hieu Nguyen and Nicholas Perron, Vu and Diaz are also accused of attempted robbery with a handgun and possession of marijuana for the purpose of trafficking.
In an opening outline to the jury, Rajna said Balogh had been successfully dealing marijuana and magic mushrooms for about a decade.
The alleged attempt on his life led to the seizure of 4.5 kilograms of each drug and $40,000 in cash from his Waterloo home, and he is now serving a jail term.
“He doesn’t get citizen of the year,” Rajna said.
The four accused men are all friends from the Calgary area, although Perron had recently moved to Guelph.
A few days before the botched rip-off, Vu, Diaz and Nguyen came to visit Perron, who “had lined up a job for them.”
Rajna said a middleman, Jesse Welsh, arranged for Balogh to sell 2.25 kilograms of marijuana — worth $12,000 — to a friend of his, in addition to about half a kilogram he was supposed to get himself.
After he was introduced to Vu behind the plaza, jurors were told, Balogh got into a rented SUV with the marijuana in a duffel bag to complete the sale.
But instead of paying him, Rajna said, Vu pulled out a handgun, pointed it at Balogh and “indicated he was f-----.”
Vu allegedly hit him in the head with the butt of the gun, but Balogh fought to protect his marijuana even after Diaz allegedly joined in and began punching him.
Rajna said the gun was pointed at Balogh’s head when Diaz yelled “shoot” and Vu pulled the trigger at least three times.
Cartridges in the gun didn’t discharge, however, and they were later found at the scene after getting ejected intact.
Diaz finally got the bag of marijuana, Rajna said, but the stubborn victim — who had managed to call 911 on his cellphone — chased his attackers to another vehicle, where Nguyen and Perron were waiting.
Balogh opened a door as the car was backing up and took the bag back before the four men allegedly fled empty-handed.
Three of the suspects were arrested within days at a Cambridge motel. More than a year later, a handgun was found discarded in woods near the Piller’s plant in Waterloo.
Rajna said the prosecution will also build its case with evidence from bloody clothing, texts from seized cellphones, and call records that allegedly show the four men were in the area both before and after the failed robbery.
The trial in Superior Court in Kitchener is expected to last about eight weeks.
“This is the story of a drug rip-off that almost had fatal consequences,” said Crown prosecutor Andre Rajna.
Four men are on trial in connection with the July 6, 2011, incident behind the Northfield Plaza after a deal for 2.7 kilograms of marijuana had been arranged.
David Vu and Trey Diaz are jointly charged with the attempted murder of Andrew Balogh, who allegedly had a handgun pointed at his head when the trigger was pulled.
Along with Hieu Nguyen and Nicholas Perron, Vu and Diaz are also accused of attempted robbery with a handgun and possession of marijuana for the purpose of trafficking.
In an opening outline to the jury, Rajna said Balogh had been successfully dealing marijuana and magic mushrooms for about a decade.
The alleged attempt on his life led to the seizure of 4.5 kilograms of each drug and $40,000 in cash from his Waterloo home, and he is now serving a jail term.
“He doesn’t get citizen of the year,” Rajna said.
The four accused men are all friends from the Calgary area, although Perron had recently moved to Guelph.
A few days before the botched rip-off, Vu, Diaz and Nguyen came to visit Perron, who “had lined up a job for them.”
Rajna said a middleman, Jesse Welsh, arranged for Balogh to sell 2.25 kilograms of marijuana — worth $12,000 — to a friend of his, in addition to about half a kilogram he was supposed to get himself.
After he was introduced to Vu behind the plaza, jurors were told, Balogh got into a rented SUV with the marijuana in a duffel bag to complete the sale.
But instead of paying him, Rajna said, Vu pulled out a handgun, pointed it at Balogh and “indicated he was f-----.”
Vu allegedly hit him in the head with the butt of the gun, but Balogh fought to protect his marijuana even after Diaz allegedly joined in and began punching him.
Rajna said the gun was pointed at Balogh’s head when Diaz yelled “shoot” and Vu pulled the trigger at least three times.
Cartridges in the gun didn’t discharge, however, and they were later found at the scene after getting ejected intact.
Diaz finally got the bag of marijuana, Rajna said, but the stubborn victim — who had managed to call 911 on his cellphone — chased his attackers to another vehicle, where Nguyen and Perron were waiting.
Balogh opened a door as the car was backing up and took the bag back before the four men allegedly fled empty-handed.
Three of the suspects were arrested within days at a Cambridge motel. More than a year later, a handgun was found discarded in woods near the Piller’s plant in Waterloo.
Rajna said the prosecution will also build its case with evidence from bloody clothing, texts from seized cellphones, and call records that allegedly show the four men were in the area both before and after the failed robbery.
The trial in Superior Court in Kitchener is expected to last about eight weeks.
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